Opinion
February 21, 1995
Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).
Defendant's contention that the presentence report was so incomplete as to vitiate the sentencing court's reliance on it in imposing sentence is without merit. We note that defendant negotiated this plea sentence agreement (see, People v Fernandez, 171 A.D.2d 444, lv denied 77 N.Y.2d 960), and that both counsel and defendant at the sentencing proceeding declined to challenge the report, thus waiving the present claim (People v Quinlan, 193 A.D.2d 564, lv denied 82 N.Y.2d 724). Finally, much of the information in the report was provided by defendant himself, so defendant can hardly complain that the report was incomplete with respect to his social and family history. Nor do we find any basis to reduce the negotiated sentence imposed.
Concur — Wallach, J.P., Rubin, Ross, Asch and Mazzarelli, JJ.