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PEOPLE v. ALMONTE

9128, 847/12.

171 A.D.3d 660 (2019)

97 N.Y.S.3d 473

2019 NY Slip Op 03282

The People of the State of New York, Respondent, v. Anthony Almonte, Appellant.

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

Decided April 30, 2019.

The court properly assessed 10 additional points, not sought by the People, based on the victim's correct age. Even assuming that this assessment implicates the 10-day notice provision of Correction Law § 168-n (3), defense counsel cited that provision but proceeded to waive an adjournment, which is the usual remedy for this type of notice violation, and did not seek any other remedy. Nor does defendant cite any prejudice...

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