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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN GONZALEZ, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the court properly considered the defendant's prior arrest in sentencing him. It was within the court's discretion to consider the defendant's prior criminal history, including crimes for which he has never been tried or convicted ( see, Williams v. New York, 337 U.S. 241; People v. Cunningham, 153 A.D.2d 700; People v. Shapiro, 141 A.D.2d 577), as long as the information regarding such crimes was reliable and accurate ( see, Townsend v. Burke, 334 U.S. 736; People v. Outley, 80 N.Y.2d 702; People v. Villanueva, 144 A.D.2d 285).

The defendant's remaining contentions are without merit.

Bracken, J.P., Copertino, Altman and Florio, JJ., concur.

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PEOPLE v. GONZALEZ
(Aug 11, 1997)