PEOPLE v. DIAZ

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.