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PEOPLE v. SEGAR
Appellate Division of the Supreme Court of New York, Second Department.
Jun 25, 2002
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ORDERED that the amended 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 lacked an updated presentence report (see People v. Pitter, 272 A.D.2d 416; People v. Oyebanji, 246 A.D.2d 560; CPL 470.05). In any event, his contention is without merit, as he consented, through defense counsel, to proceed to sentencing without an updated report (see People v. Moon, 225 A.D.2d 826; see generally People v. Figueroa, 227 A.D.2d 501).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
FEUERSTEIN, J.P., O'BRIEN, TOWNES and COZIER, JJ., concur.
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