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People v. Hall

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 31, 2008

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH J. HALL, DEFENDANT-APPELLANT.

Appeal from a judgment of the Steuben County Court (Peter C. Bradstreet, J.), rendered July 9, 2007. The judgment convicted defendant, upon his plea of guilty, of rape in the first degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: CENTRA, J.P., PERADOTTO, GREEN, AND PINE, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum

On appeal from a judgment convicting him, upon his plea of guilty, of rape in the first degree (Penal Law § 130.35 [2]), defendant contends that the presentence report should be amended because, according to defendant, it contains inaccurate assertions and unsupported speculation that "are likely to prejudice [defendant] for years to come" (see generallyPeople v Harrington, 3 AD3d 737, 739). Defendant failed to preserve that contention for our review, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). The sentence is not unduly harsh or severe.

20081231

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