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IN THE MATTER OF ANTONUCCI v. NELSON

Appellate Division of the Supreme Court of New York, Second Department.
Oct 7, 2002
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DECISION ORDER

ORDERED that the judgment is affirmed, without costs or disbursements.

The petitioner commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, to compel the respondents to expunge certain allegedly inaccurate information in the presentence report prepared in connection with his 1986 convictions of robbery in the first degree, robbery in the second degree, criminal possession of a weapon in the second degree, and menacing. The Supreme Court properly denied the petition and dismissed the proceeding. "[T]he challenges now made to the accuracy of the presentence report should have been raised before [the] sentencing [court]" (Matter of Sciaraffo v. New York City Dept. of Probation, 248 A.D.2d 477; see Matter of Salahuddin v. Mitchell, 232 A.D.2d 903).

The petitioner's remaining contentions are without merit.

ALTMAN, J.P., SMITH, H. MILLER and ADAMS, JJ., concur.