| People v Obbagy |
| 2008 NY Slip Op 08906 [56 AD3d 1223] |
| November 14, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Shawn R.Obbagy, Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (Jeffrey L. Taylor of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), renderedNovember 15, 2006. The judgment revoked defendant's sentence of probation and imposed asentence of imprisonment.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment revoking a previously imposed sentenceof probation and sentencing him to a term of imprisonment. Defendant failed to preserve for ourreview his contention that County Court erred in failing to order an updated presentence reportbefore sentencing him (see People vPomales, 37 AD3d 1098 [2007], lv denied 8 NY3d 949 [2007]; People vPerkins, 291 AD2d 925, 926 [2002], lv denied 98 NY2d 654 [2002]; People vHoward, 254 AD2d 701 [1998], lv denied 93 NY2d 853 [1999]), and we decline toexercise 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 thathis admission to the charges in the declaration of delinquency was not knowing or voluntaryinasmuch as he failed to move to withdraw his admission or to vacate the judgment revoking hissentence of probation on that ground (see People v Carncross, 48 AD3d 1187 [2008], lv dismissed10 NY3d 932 [2008]; People vHamdy, 46 AD3d 1383 [2007], lv denied 10 NY3d 765 [2008]; People v Barra, 45 AD3d 1393,1393-1394 [2007], lv denied 10 NY3d 761 [2008]), and "this case does not fall withinthe narrow exception to the preservation doctrine" (Barra, 45 AD3d at 1394; seegenerally People v Lopez, 71 NY2d 662, 666 [1988]). Finally, we reject defendant'scontention that the sentence is unduly harsh or severe. Present—Scudder, P.J., Martoche,Centra, Lunn and Gorski, JJ.