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PEOPLE v. GARCIA

2019-02997.

189 A.D.3d 1476 (2020)

134 N.Y.S.3d 727

2020 NY Slip Op 07927

The People of the State of New York, Respondent, v. Anastelio Garcia, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Stacy Eves , Rockville Centre, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Rebecca L. Abensur and John B. Latella of counsel), for respondent.

Dillon, J.P., Chambers, Austin, Hinds-Radix and Christopher, JJ., concur.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's contention that the County Court should not have considered the victim's supporting deposition in determining whether to assess 25 points under risk factor 2 is unpreserved for appellate review, since, at the hearing, he failed to object to the court's consideration of this evidence or to the assessment of those points (see People v Windham, 10 N.Y.3d 801

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