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PEOPLE v. STAPLETON

6951, 488/09.

93 A.D.3d 428 (2012)

938 N.Y.S.2d 893

2012 NY Slip Op 1574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRIS STAPLETON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 1, 2012.

Defendant did not preserve his claim that the court violated his due process rights by imposing an enhanced sentence, based on defendant's undisputed breach of his plea agreement, without offering him the opportunity to withdraw his plea (see e.g. People v Drew, 45 A.D.3d 441 [2007], lv denied 10 N.Y.3d 810 [2008]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits...

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