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PEOPLE v. SANCHEZ

8992, 3864/89.

102 A.D.3d 479 (2013)

956 N.Y.S.2d 889

2013 NY Slip Op 146

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STACEY SANCHEZ, Appellant.

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

Decided January 15, 2013.

Since defendant did not ask the hearing court for a downward departure from his presumptive risk level, that claim is unpreserved (see People v Arps, 65 A.D.3d 939 [1st Dept 2009]). In any event, we find no basis for such a departure (see generally People v Pettigrew, 14 N.Y.3d 406, 409 [2010]; People v Mingo, 12 N.Y.3d 563, 568 n 2 [2009]). The...

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