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PEOPLE v. RENNA

13 A.D.3d 398 (2004)

785 N.Y.S.2d 339

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD RENNA, Appellant.

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

December 6, 2004.

Ordered that the judgment is affirmed.

The defendant's constitutional challenge to the mandatory sentence enhancement provisions of Penal Law § 70.08, raised for the first time on appeal, is not preserved for appellate review as matter of law (see People v Rosen, 96 N.Y.2d 329 [2001], cert denied 534 U.S. 899 [2001]; People v Besser, 96 N.Y.2d 136 [2001]; People v...

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