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THE PEOPLE, ETC., respondent, v. HENRY GOMEZ, appellant.

ORDERED that the judgment is affirmed.

Since the defendant withdrew his request that the court charge sexual abuse in the third degree as a lesser-included offense, his contention regarding this issue is waived and unpreserved for appellate review (see CPL 470.05).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

RITTER, J.P., FEUERSTEIN, ADAMS and MASTRO, JJ., concur.

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PEOPLE v. GOMEZ
(Aug 26, 2002)