PEOPLE v. OBBAGY (2008)

Defendant appeals from a judgment revoking a previously imposed sentence of probation and sentencing him to a term of imprisonment.   Defendant failed to preserve for our review his contention that County Court erred in failing to order an updated presentence report before sentencing him (see People v. Pomales, 37 A.D.3d 1098, 828 N.Y.S.2d 828, lv. denied 8 N.Y.3d 949, 836 N.Y.S.2d 559, 868 N.E.2d 242;  People v. Perkins, 291 A.D.2d 925, 926, 738 N.Y.S.2d 274, lv. denied 98 N.Y.2d 654, 745 N.Y.S.2d 512, 772 N.E.2d 615;  People v. Howard, 254 A.D.2d 701, 678 N.Y.S.2d 550, lv. denied 93 N.Y.2d 853, 688 N.Y.S.2d 501, 710 N.E.2d 1100), 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] ).   He further failed to preserve for our review his contention that his admission to the charges in the declaration of delinquency was not knowing or voluntary inasmuch as he failed to move to withdraw his admission or to vacate the judgment revoking his sentence of probation on that ground (see People v. Carncross, 48 A.D.3d 1187, 852 N.Y.S.2d 506, lv. dismissed 10 N.Y.3d 932, 862 N.Y.S.2d 339, 892 N.E.2d 405;  People v. Hamdy, 46 A.D.3d 1383, 847 N.Y.S.2d 882, lv. denied 10 N.Y.3d 765, 854 N.Y.S.2d 327, 883 N.E.2d 1262;  People v. Barra, 45 A.D.3d 1393, 1393-1394, 844 N.Y.S.2d 795, lv. denied 10 N.Y.3d 761, 854 N.Y.S.2d 323, 883 N.E.2d 1258), and “ this case does not fall within the narrow exception to the preservation doctrine” (Barra, 45 A.D.3d at 1394, 844 N.Y.S.2d 795;  see generally People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5).   Finally, we reject defendant's contention that the sentence is unduly harsh or severe.

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

MEMORANDUM: