The PEOPLEof the State of New York, Respondent, v. DUKES (2021)

Court of Appeals of New York.

The PEOPLEof the State of New York, Respondent, v. Kevin A. DUKES, Appellant.

No. 86 SSM 22

Decided: November 23, 2021

Timothy P. Donaher, Public Defender, Rochester (Timothy S. Davis of counsel), for appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, without costs. Defendant's argument that portions of the presentence report were inadmissible and should not have been considered is unpreserved for our review.

Chief Judge DiFiore and Judges Fahey, Garcia, Singas and Cannataro concur. Judges Rivera and Wilson dissent for reasons stated in the dissenting memorandum at the Appellate Division (186 A.D.3d 1073, 1074–1076, 129 N.Y.S.3d 231 [2020] [Peradotto, J.P. and Lindley, J. dissenting]).

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