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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MITCHELL YORK, Appellant.

Ordered that the judgments are affirmed.

The defendant failed to object to the introduction at the trial of indictment No. 3038/85 of evidence which allegedly referred to uncharged crimes. Therefore, the issue has not been preserved for appellate review (see, People v. Salcedo, 150 A.D.2d 624; CPL 470.05).

We reject the defendant's claim that the Supreme Court improperly considered information contained in the probation report regarding unrelated crimes of a similar nature committed by the defendant. The court, in imposing sentence under indictment No. 3038/85, properly considered those pending indictments (see, People v. Cunningham, 153 A.D.2d 700; People v Shapiro, 141 A.D.2d 577, 579). As the sentences imposed were within the bounds of the applicable sentencing statute and not excessive under the circumstances of the case, we decline to disturb them (see, People v. Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and find that they are without merit (cf., People v. Clark, 45 N.Y.2d 432; People v. Taylor, 160 A.D.2d 966). Thompson, J.P., Sullivan, Harwood and Miller, JJ., concur.

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PEOPLE v. YORK
(Jun 25, 1990)