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PEOPLE v. KELLY

Ind. No. 299/18. Appeal No. 14653. Case No. 2019-4595.

199 A.D.3d 531 (2021)

154 N.Y.S.3d 438

2021 NY Slip Op 06451

The People of the State of New York, Respondent, v. James Kelly, Appellant.

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Hannah Gladstein , of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Diana J. Lewis of counsel), for respondent.

Concur— Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.

Defendant's claim that the sentencing court violated his due process rights by failing to conduct an inquiry and make findings as to the circumstances of his leaving two drug treatment programs is unpreserved. Defendant never requested any such inquiry and findings, and did not move to withdraw his plea on this or any other ground (see e.g. People v Malaj, 69 A.D.3d 487 [1st Dept 2010], lv denied 15 N.Y.3d...

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