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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. DANIEL MARIANI, DEFENDANT-APPELLANT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant failed to move to withdraw his plea of guilty or to object to the sentence imposed and thus has failed to preserve for our review his present contention that County Court failed to impose the sentence promised pursuant to the terms of the plea agreement ( see People v. Haas, 229 A.D.2d 733, 734, lv denied 88 N.Y.2d 1021). In any event, the record establishes that defendant "received the precise sentence for which he bargained" ( People v. Mayers, 74 N.Y.2d 931, 932).

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PEOPLE v. MARIANI
(Apr 30, 2004)