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PEOPLE v. MENDEZ

60 A.D.3d 923 (2009)

874 N.Y.S.2d 817

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL MENDEZ, Appellant.

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

Decided March 24, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's contention that the assessment of points based upon his use of forcible compulsion constituted improper "double counting" because he was also assessed points based upon the victim's age is unpreserved for appellate review (cf. People v Davenport, 38 A.D.3d 634, 635 [2007]), and, in any event, is without merit (cf. People v Pietarniello...

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