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PEOPLE v. SMALLWOOD

212 A.D.2d 449 (1995)

622 N.Y.S.2d 939

The People of the State of New York, Respondent, v. William Smallwood, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 21, 1995

Defendant's contention that the presentence report was so incomplete as to vitiate the sentencing court's reliance on it in imposing sentence is without merit. We note that defendant negotiated this plea sentence agreement (see, People v Fernandez, 171 A.D.2d 444, lv denied 77 N.Y.2d 960), and that both counsel and defendant at the sentencing proceeding declined to challenge the report, thus waiving the present claim...

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