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PEOPLE v. MARTONAK

2008-11052.

80 A.D.3d 590 (2011)

914 N.Y.S.2d 666

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MARTONAK, Appellant.

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

Decided January 11, 2011.

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

The defendant failed to preserve for appellate review his contention that the Supreme Court should not have assessed him 20 points under risk factor 5 because the People did not prove, by clear and convincing evidence, that the individuals depicted in the child pornography he possessed were between the ages of 11 and 16 (see People v Teagle, 64 A.D.3d 549

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