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PEOPLE v. ROSA

3937. 3290/14.

150 A.D.3d 442 (2017)

2017 NY Slip Op 03698

54 N.Y.S.3d 6

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE ROSA, Appellant.

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

Decided May 9, 2017.

Regardless of the validity of defendant's waiver of the right to appeal, we perceive no basis for reducing the sentence, or remanding for resentencing. Defendant did not preserve his claim that his sentence was improperly based on a presentence report for which he was not interviewed (see People v Pinkston, 138 A.D.3d 431 [1st Dept 2016], lv denied 27 N.Y.3d 1137 [2016]), and we decline...

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