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PEOPLE v. COVINGTON
Appellate Division of the Supreme Court of New York, Second Department.
Apr 11, 2006
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Ordered that the judgment is affirmed.
The defendant's contention that he was denied his right to due process of law when the sentencing court failed to hold a hearing into the circumstances surrounding his discharge from the Treatment Alternatives to Street Crime program is unpreserved for appellate review since he did not request a hearing or move to withdraw his plea ( see CPL 470.05; see People v. Mackey, 77 NY2d 846, 847; People v. Lopez, 71 NY2d 662, 665; People v. McNair, 22 AD3d 376, 377, lv denied 6 NY3d 778; People v. Craig, 281 AD2d 429). In any event, the sentencing court conducted an inquiry sufficient to determine that the defendant violated the plea agreement ( see People v. Valencia, 3 NY3d 714, 715).
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