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THE PEOPLE, ETC., RESPONDENT, v. HARRY GARCIA, APPELLANT. (Ind. No. 3466/96)

DECISION ORDER

ORDERED that the resentence is affirmed.

Contrary to the defendant's contention, the resentencing court complied with the mandates of Penal Law § 70.10(2). The court adequately stated on the record the reasons it was of the opinion that the history and character of the defendant and the nature and circumstances of his criminal conduct demonstrated that extended incarceration and lifetime supervision would best serve the public interest (see, People v. Smith, 254 A.D.2d 377; People v. Corrica, 243 A.D.2d 722; People v. Dell'Orfano, 217 A.D.2d 588; People v. Montes, 135 A.D.2d 838; cf., People v. Gaines, 136 A.D.2d 731, 733).

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PEOPLE v. GARCIA
(Feb 26, 2001)