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PEOPLE v. EMMANUS
Appellate Division of the Supreme Court of New York, Second Department.
Dec 16, 2002
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DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the sentencing court improperly considered charges of which he was acquitted as a basis for imposing sentence is unpreserved for appellate review (see CPL 470.05), and, in any event, is without merit (see People v. Robinson, 250 A.D.2d 629; see also People v. Hall, 46 N.Y.2d 873, 875, cert denied 444 U.S. 848).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
ALTMAN, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.
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