PEOPLE v. THOMPSON

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

Sep 29, 2009

Judgment

CaseIQ

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Ordered that the resentence is affirmed.

The defendant failed to preserve his claim that the Supreme Court should have obtained an updated presentence report before resentencing him ( see People v Grzywaczewski, 61 AD3d 699, 700; People v Pomales, 37 AD3d 1098; People v Gambichler, 25 AD3d 722, 723). His claim is, in any event, without merit ( see People v Kuey, 83 NY2d 278, 282-283; People v Davis, 30 AD3d 298; People v Roberts, 214 AD2d 592, 593).

The resentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).