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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR GONZALEZ, Appellant.

Ordered that the judgment is affirmed.

The defendant's contentions that the indictment failed to provide him with fair notice of the charges and that some of the counts were duplicitous are unpreserved for appellate review, as he did not move to dismiss the indictment on those grounds prior to the entry of judgment (see, People v Webb, 177 A.D.2d 524; People v Barrett, 166 A.D.2d 657; People v Caban, 129 A.D.2d 721; CPL 200.30, 210.20 Crim. Proc., 210.25 Crim. Proc., 210.45 Crim. Proc., 255.10 Crim. Proc., 255.20 Crim. Proc.).

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

We have examined the defendant's remaining contentions and find them either to be unpreserved for appellate review or without merit. Mangano, P.J., Sullivan, Balletta and O'Brien, JJ., concur.

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PEOPLE v. GONZALEZ
(Nov 16, 1992)