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PEOPLE v. DAVIS

276 A.D.2d 497 (2000)

713 N.Y.S.2d 882

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE DAVIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 2, 2000.

Ordered that the judgment is affirmed.

The court correctly denied the defendant's motion to withdraw his plea of guilty upon his failure to successfully complete a drug treatment program. By deferring sentence until the defendant successfully completed a drug treatment program, the court properly placed the defendant on interim probation (see, People v Avery, 85 N.Y.2d 503). The court properly enhanced the defendant's sentence...

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