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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO CARRILLO, Defendant-Appellant.

Defendant's contention that the court erred in enhancing his bargained-for sentence without conducting a sufficient inquiry to determine the validity of his post-plea arrest is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the sentencing enhancement was proper ( see People v. Outley, 80 N.Y.2d 702, 713-714).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. CARRILLO
(Dec 16, 2003)