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People v. Horner

259 A.D.2d 1039 Court N.Y. App. Div. Decision date 1999-03-31 English

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p. 1039
The People of the State of New York, Respondent, v William Horner, Appellant.
[689 NYS2d 895]

Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in sentencing defendant without the benefit of an updated presentence investigation report. Defendant waived an update of the pre-plea report prepared eight months

p. 1040
earlier, and the court was familiar with the changes in defendant’s status after the preparation of that report (see, People v Sinclair, 231 AD2d 926 ; People v Hemingway, 222 AD2d 1102 , lv denied 87 NY2d 1020 ). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Genesee County Court, Morton, J. — Felony Driving While Intoxicated.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

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