THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. WILLIE DEFENDANT APPELLANT

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Supreme Court, Appellate Division, Fourth Department, New York.

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

KA 11–01646

Decided: December 21, 2012

PRESENT:  SMITH, J.P., CARNI, LINDLEY, SCONIERS, AND WHALEN, JJ. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT–APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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).

Frances E. Cafarell

Clerk of the Court