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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant.

Defendant's claim that the court erred by failing to conduct a hearing on the issue of whether he breached his plea and cooperation agreement is unpreserved because he neither requested such a hearing nor moved to withdraw his plea ( see People v. Anonymous, 249 AD2d 167), and we decline to review it in the interest of justice. Were we to review this claim, we would find that there was no evidence of arbitrary or capricious conduct by the People, who had a legitimate basis for determining that defendant was continuing to sell drugs, in violation of the agreement.

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PEOPLE v. ANONYMOUS
(Oct 7, 2004)