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People v. Covington

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 2006
28 A.D.3d 575 (N.Y. App. Div. 2006)

Opinion

2005-00205.

April 11, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered January 4, 2005, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel; Robert Ho on the brief), for respondent.

Before: Florio, J.P., Santucci, Fisher and Lunn, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that he was denied his right to due process of law when the sentencing court failed to hold a hearing into the circumstances surrounding his discharge from the Treatment Alternatives to Street Crime program is unpreserved for appellate review since he did not request a hearing or move to withdraw his plea ( see CPL 470.05; see People v. Mackey, 77 NY2d 846, 847; People v. Lopez, 71 NY2d 662, 665; People v. McNair, 22 AD3d 376, 377, lv denied 6 NY3d 778; People v. Craig, 281 AD2d 429). In any event, the sentencing court conducted an inquiry sufficient to determine that the defendant violated the plea agreement ( see People v. Valencia, 3 NY3d 714, 715).


Summaries of

People v. Covington

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 2006
28 A.D.3d 575 (N.Y. App. Div. 2006)
Case details for

People v. Covington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNATHAN COVINGTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 11, 2006

Citations

28 A.D.3d 575 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2777
811 N.Y.S.2d 919

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