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People v Dukes, 37 NY3d 1085 (2021)

2021 NY Slip Op 06532 [37 NY3d 1085]
November 23, 2021
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Kevin A. Dukes, Appellant.

Decided November 23, 2021

People v Dukes, 186 AD3d 1073, affirmed.

{**37 NY3d at 1085} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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 AD3d 1073, 1074-1076 [2020, Peradotto, J.P., and Lindley, J., dissenting]).