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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAMELA GOODBODY, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting her of driving while intoxicated as a felony (Penal Law § 1192 [3]; § 1193 [1] [c]) and unlawful possession of marihuana (Penal Law § 221.05). County Court's Sandoval ruling was not an abuse of discretion ( see, People v. Drakes, 211 A.D.2d 809, lv denied 86 N.Y.2d 734; People v. Rhodes, 96 A.D.2d 565, 567). Defendant failed to preserve for our review her contention that the presentence report was inadequate ( see, CPL 470.05). Finally, defendant's sentence is neither unduly harsh nor severe.

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PEOPLE v. GOODBODY
(Apr 29, 1998)