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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN GAMBICHLER, Appellant.

Ordered that the amended judgment is affirmed.

The defendant's contention that the County Court improvidently exercised its discretion in resentencing him on the violation of probation without obtaining an updated presentence report is not preserved for appellate review because it was not raised before the County Court ( see People v. Freeman, 2 AD3d 648, 649; People v. Segar, 295 AD2d 628, 629; People v. Pierre-Paul, 289 AD2d 262; People v. Viruet, 288 AD2d 407).

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PEOPLE v. GAMBICHLER
(Jan 24, 2006)