| People v Williams |
| 2012 NY Slip Op 03315 [94 AD3d 1527] |
| April 27, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Charles T.Williams, Also Known as Charles Gus Thigpen Williams, Appellant. |
—[*1] Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.
Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), renderedSeptember 2, 2010. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]).As defendant correctly concedes, he failed to preserve for our review his contention that aconflict of interest between the probation officer who prepared the presentence report and apolice officer at the scene of the arrest required the preparation of a new presentence report andresentencing (see CPL 470.05 [2]). We decline to exercise our power to review thatcontention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Thesentence is not unduly harsh or severe. Present—Scudder, P.J., Fahey, Lindley andMartoche, JJ.