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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID RODRIGUEZ, Appellant.

Defendant made a valid waiver of his right to appeal, which forecloses review of his present claim that the court should have exercised its discretion to give him a second chance to complete drug treatment, notwithstanding his conceded violation of his plea agreement ( see People v Wilson, 11 AD3d 206, lv denied 3 NY3d 743). Were we to find otherwise, we would find that the court properly exercised its discretion, especially since defendant immediately absconded after being directed to enter a drug program, and was also arrested and convicted of a new crime ( see People v Valles, 21 AD3d 855, lv denied 6 NY3d 760).

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PEOPLE v. RODRIGUEZ
(Dec 18, 2007)