Opinion
February 4, 1994
Appeal from the Cattaraugus County Court, Ward, J.
Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The fact that the presentence report improperly recommended a specific sentence (see, 9 NYCRR 350.7 [b] [6]) does not warrant vacating that sentence where no objection was made to the recommendation at sentencing (see, People v. Marin, 157 A.D.2d 804, 805, lv denied 76 N.Y.2d 791). Furthermore, the court had a sufficient basis upon which to sentence defendant to one year imprisonment given his prior record (cf., People v. West, 145 A.D.2d 980). There is nothing in the record to indicate that the court failed to exercise its discretion independently.