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The People of the State of New York v. Willie T.J

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


December 21, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
WILLIE T.J.,
DEFENDANT-APPELLANT.

Appeal from an adjudication of the Erie County Court (Sheila A. DiTullio, J.), rendered June 20, 2011.

People v Willie T.J.

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.

Released on December 21, 2012

PRESENT: SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND WHALEN, JJ.

The adjudication revoked defendant's sentence of probation and imposed a sentence of imprisonment.

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

Memorandum: Defendant appeals from an adjudication revoking the term of probation previously imposed upon his conviction of robbery in the second degree (Penal Law § 160.10 [1]) and sentencing him to a term of imprisonment. Defendant contends that County Court erred in resentencing him in the absence of an updated presentence report. Defendant waived that contention, however, inasmuch as he explicitly waived the preparation of an updated report (see People v Servey, 96 AD3d 1428, 1428-1429, lv denied 19 NY3d 1001; People v Motzer, 96 AD3d 1635, 1636). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court

20121221

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