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PEOPLE v. JOHNSON

2008-11602

83 A.D.3d 1094 (2011)

922 N.Y.S.2d 455

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR JOHNSON, Appellant.

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

Decided April 26, 2011.

Ordered that the judgment is affirmed.

The defendant's contention that the count in the indictment charging him with course of sexual conduct against a child in the first degree was duplicitous is unpreserved for appellate review (see CPL 470.05 [2]), as the defendant failed to make a pretrial motion to dismiss that count of the indictment within 45 days of his arraignment (see CPL 210.20 [1], [2]; People...

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