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THE PEOPLE, ETC., respondent, v. DAVID E. FREEMAN, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the County Court improperly resentenced him on his violation of probation because it failed to obtain an updated presentence report ( see People v. Segar, 295 A.D.2d 628; People v. Pierre-Paul, 289 A.D.2d 262; People v. Viruet, 288 A.D.2d 407).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

ALTMAN, J.P., S. MILLER, McGINITY, ADAMS and MASTRO, JJ., concur.

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PEOPLE v. FREEMAN
(Dec 15, 2003)