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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO LOPEZ DIAZ, Appellant.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant failed to preserve for our review his contention that County Court erred in sentencing him without the benefit of an adequate presentence report ( see People v. Villafane, 294 AD2d 117, lv denied 98 NY2d 682; People v. Gugliara, 137 AD2d 766), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). The sentence is not unduly harsh or severe.

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PEOPLE v. DIAZ
(Feb 3, 2006)