Defendant was sentenced to an indeterminate sentence of imprisonment which shall have a maximum term of four years. On this appeal he contends the sentence was harsh and excessive and that probation should have been imposed rather than confinement. At the time of sentencing, the court had before it an extensive probation report and a presentence memorandum filed pursuant to CPL 390.40, both of which showed the prior history as well as the present circumstances of the defendant...
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