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PEOPLE v. BORGELLA

2017-11728. Ind. No. 3492/14.

189 A.D.3d 872 (2020)

133 N.Y.S.3d 443

2020 NY Slip Op 07216

The People of the State of New York, Respondent, v. Andy Borgella, Appellant.

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Yvonne Shivers of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Anthea H. Brufee , and Denise Pavlides of counsel), for respondent.

Austin, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the search of his historical cell site location information (hereinafter CSLI) records, obtained by means of a court order issued upon a showing of less than probable cause, violated the Fourth Amendment (see Carpenter v United States, 585 US ___, 138 S.Ct. 2206 [2018]) is unpreserved for appellate review (see CPL 470.05[2]; People v Lanham,

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