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PEOPLE v. CHURBY
Appellate Division of the Supreme Court of New York, Second Department.
Nov 21, 2000
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DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the court improperly imposed a greater sentence than what had been promised is not preserved for appellate review, as he neither objected to the sentence on that ground nor moved to vacate his plea (see, People v. Wilson, 257 A.D.2d 674; People v. Gayle, 224 A.D.2d 710). In addition, since the defendant has been released from incarceration, rendering his claim largely academic, we decline to review it in the exercise of our interest of justice jurisdiction.
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