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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HANS LEVEILLE, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the Supreme Court erred in admitting testimony of a "prompt outcry" of sexual assault ( see CPL 470.05; People v. Tevaha, 84 NY2d 879; People v. Medina, 53 NY2d 951). In any event, the Supreme Court properly admitted the testimony ( see People v. Shelton, 1 NY3d 614; People v. McDaniel, 81 NY2d 10).

The defendant's remaining contentions are without merit.

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PEOPLE v. LEVEILLE
(Nov 15, 2004)