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People v. Mannina

89 A.D.3d 1038 Court N.Y. App. Div. Decision date 2011-11-22 English

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p. 1038
The People of the State of New York, Respondent, v Matthew Mannina, Appellant.
[933 NYS2d 570]

The defendant’s contention that the County Court improperly sentenced him upon his violation of a condition of his probation

p. 1039
without ordering an updated presentence report is unpreserved for appellate review (see CPL 470.05 [2]; People v Gambichler, 25 AD3d 722 , 723 [2006]) and, in any event, without merit (see People v Kuey, 83 NY2d 278 , 282 [1994]; cf. People v Pons, 134 AD2d 378 , 378-379 [1987]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P, Angiolillo, Belen, Lott and Roman, JJ., concur.

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