MATTER OF SALERNO v. MURPHY

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking to compel respondents to correct certain information in the presentence report prepared in connection with his 1997 conviction of sexual abuse in the first degree (Penal Law § 130.65). Supreme Court properly dismissed the petition. "[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 Hughes v. New York City Dept. of Probation, 281 A.D.2d 229; Matter of Salahuddin v. Mitchell, 232 A.D.2d 903, 904; Matter of Gayle v. Lewis, 212 A.D.2d 919, lv denied 86 N.Y.2d 701). We have reviewed petitioner's remaining contentions and conclude that they are without merit.