Majority
p. 1038The 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.
Cases cited
- People v. Kuey 83 NY2d 278 at 282 p. 1039
- People v. Pons 134 AD2d 378 at 378-379 p. 1039
- People v. Suitte 90 AD2d 80 p. 1039