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PEOPLE v. MARTINEZ

55 A.D.3d 753 (2008)

864 N.Y.S.2d 776

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO MARTINEZ, Appellant.

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

October 14, 2008.

Ordered that the resentence is affirmed.

The defendant's contention that the resentence imposed improperly penalized him for exercising his right to a trial is unpreserved for appellate review, since he did not set forth the issue on the record at the time of resentencing (see People v Hargroves, 27 A.D.3d 765, 765-766 [2006]). In any event, the contention is without merit (id...

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