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PEOPLE v. LOPEZ

2018-10368, Ind. No. 217/18.

206 A.D.3d 1010 (2022)

168 N.Y.S.3d 878

2022 NY Slip Op 04180

The People of the State of New York, Respondent, v. Jose Abel Polanco Lopez, Also Know as Abel Polanco, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 29, 2022.

Attorney(s) appearing for the Case

Laurette D. Mulry, Riverhead, NY (Gregory Benneditto Haynes, of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Timothy P. Finnerty and Marion Tang of counsel), for respondent.

Duffy, J.P., Maltese, Christopher and Ford, JJ., concur.

Ordered that the judgment is modified, on the law, by reducing the periods of postrelease supervision on each of the convictions of sexual abuse in the first degree from 15 years to 10 years; as so modified, the judgment is affirmed.

The defendant's challenge to the factual sufficiency of his plea allocution to the counts of sexual abuse in the first degree is unpreserved for appellate review, as the defendant failed to...

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