Opinion
86 SSM 22
11-23-2021
The People & c., Respondent, v. Kevin A. Dukes, Appellant.
Submitted by Timothy S. Davis, for appellant. Submitted by Nancy Gilligan, for respondent.
Submitted by Timothy S. Davis, for appellant.
Submitted by Nancy Gilligan, for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, without costs. Defendant's argument that portions of the presentence report were inadmissible and should not have been considered is unpreserved for our review.
Chief Judge DiFiore and Judges Fahey, Garcia, Singas and Cannataro concur.
Judges Rivera and Wilson dissent for reasons stated in the dissenting memorandum at the Appellate Division (186 A.D.3d 1073, 1074-1076 [2020] [Peradotto, J.P. and Lindley, J. dissenting]).