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PEOPLE v. ORTEGA
Appellate Division of the Supreme Court of New York, Second Department.
Nov 17, 2003
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DECISION ORDER
ORDERED that the amended judgment is affirmed.
The defendant's contention that the Supreme Court improperly sentenced him on the violation of probation because it lacked an updated presentence report is unpreserved for appellate review ( see People v. Pitter, 272 A.D.2d 416; People v. Oyebanji, 246 A.D.2d 560; CPL 470.05). In any event, the contention is without merit ( see People v. Kuey, 83 N.Y.2d 278; People v. Cannon, 208 A.D.2d 942; People v. Jackson, 106 A.D.2d 93, 98).
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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