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PEOPLE v. JAMES

232 A.D.2d 504 (1996)

648 N.Y.S.2d 940

The People of the State of New York, Respondent, v. Larry James, Appellant

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

October 15, 1996

Ordered that the amended judgment is affirmed.

The defendant's contention that the County Court erred in sentencing him without an updated presentence report was waived. In any event, the court did not improvidently exercise its discretion (see, People v Kuey, 83 N.Y.2d 278) since the time period between the issuance of the violation of probation report and resentencing was brief (see, People v Roberts

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