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PEOPLE v. GONZALEZ

242 A.D.2d 306 (1997)

661 N.Y.S.2d 50

The People of the State of New York, Respondent, v. Edwin Gonzalez, Appellant

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

August 11, 1997

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the court properly considered the defendant's prior arrest in sentencing him. It was within the court's discretion to consider the defendant's prior criminal history, including crimes for which he has never been tried or convicted (see, Williams v New York, 337 U.S. 241; People v Cunningham

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