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PEOPLE v. GONZALEZ

8593, 3191/12.

170 A.D.3d 429 (2019)

93 N.Y.S.3d 561

2019 NY Slip Op 01533

The People of the State of New York, Respondent, v. Juan Gonzalez, Appellant.

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

Decided March 5, 2019.

Defendant's contention that he should have received a downward departure is unpreserved because he made no such application to the hearing court (see People v Gillotti, 23 N.Y.3d 841, 861 n 5 [2014]), and we decline to address this fact-based argument, made for the first time on appeal. In any event, we find no basis for such...

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