Opinion
KA 03-01810.
February 3, 2006.
Appeal from a judgment of the Ontario County Court (Frederick G. Reed, J.), rendered August 1, 2003. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (three counts).
CHRISTINE M. COOK, LYONS, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (THOMAS D. REH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present: Pigott, Jr., P.J., Hurlbutt, Gorski, Green and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant failed to preserve for our review his contention that County Court erred in sentencing him without the benefit of an adequate presentence report ( see People v. Villafane, 294 AD2d 117, lv denied 98 NY2d 682; People v. Gugliara, 137 AD2d 766), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]). The sentence is not unduly harsh or severe.