SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 27, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CHARLES T. WILLIAMS, ALSO KNOWN AS CHARLES GUS THIGPEN WILLIAMS, DEFENDANT-APPELLANT.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered September 2, 2010.
People v Williams
Appellate Division, Fourth Department
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.
Decided on April 27, 2012
PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, AND MARTOCHE, JJ.
The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 ). As defendant correctly concedes, he failed to preserve for our review his contention that a conflict of interest between the probation officer who prepared the presentence report and a police officer at the scene of the arrest required the preparation of a new presentence report and resentencing (see CPL 470.05 ). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15  [a]). The sentence is not unduly harsh or severe.
Entered: April 27, 2012
Frances E. Cafarell Clerk of the Court
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