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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX CRUZ, Appellant.

The court properly enhanced defendant's promised sentence where defendant violated the conditions of the plea. Defendant's current contention that, having never warned defendant of the possibility of an enhanced sentence, the court was obligated to offer him the opportunity to withdraw the plea, is unpreserved and without merit ( People v Berdecia, 223 AD2d 444). Moreover, an enhanced sentence, with no option to withdraw the plea, was independently justified by the fact that defendant obtained a favorable plea bargain through the use of false pedigree information ( see, People v Costello, 231 AD2d 446). We perceive no abuse of sentencing discretion.

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PEOPLE v. CRUZ
(Mar 27, 1997)