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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARNOLD CRENSHAW, Appellant.

Ordered that the judgment is affirmed.

Contrary to the defendant's claim, the court, in imposing sentence, properly considered evidence of uncharged drug incidents involving the defendant presented at a pretrial hearing (see, People v York, 162 A.D.2d 748; People v Cunningham, 153 A.D.2d 700; People v Marrero, 110 A.D.2d 785, 786). Since the sentence imposed was within the range of the applicable sentencing statute, and not excessive under the circumstances of the case, we decline to disturb it (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit (see, People v Elliott, 65 N.Y.2d 446, 448). Thompson, J.P., Kunzeman, Lawrence and Miller, JJ., concur.

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PEOPLE v. CRENSHAW
(Feb 19, 1991)