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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT McKANE, Appellant.

Ordered that the judgment is affirmed.

The defendant has failed to preserve for appellate review his claim that the court violated the terms of the plea agreement by imposing a fine in the amount of $1,000 (see, People v. Pellegrino, 60 N.Y.2d 636; People v Molini, 219 A.D.2d 780).

The defendant's additional claim, that the County Court erred in denying his motions pursuant to CPL 440.20 and 440.10 Crim. Proc., is not properly before this Court, inasmuch as he did not obtain leave to appeal from the denial of the motions (see, CPL 450.15; People v. Kihm, 143 A.D.2d 199; People v. Gaines, 212 A.D.2d 727). Balletta, J.P., Rosenblatt, Pizzuto, Joy and Altman, JJ., concur.

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PEOPLE v. McKANE
(Dec 4, 1995)