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PEOPLE v. BARNES
Appellate Division of the Supreme Court of New York, First Department.
Dec 18, 2007
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Defendant's claim that the court conducted an insufficient inquiry as to whether he violated the terms of his plea agreement is unpreserved (see e.g. People v Darcy, 34 AD3d 230, lv denied 8 NY3d 879; People v Delgado, 14 AD3d 449, lv denied 4 NY3d 853), and we decline to review it in the interest of justice. Were we to review this claim, we would find that after a sufficient inquiry into defendant's explanation for his departure from a rehabilitation program, the sentencing court properly determined that defendant violated his plea agreement by leaving the program without permission and failing to return (see People v Outley, 80 NY2d 702, 712).
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