| People v Dukes |
| 2021 NY Slip Op 06532 [37 NY3d 1085] |
| November 23, 2021 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, December 29, 2021 |
| 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.
Timothy P. Donaher, Public Defender, Rochester (Timothy S. Davis of counsel), for appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), for respondent.
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]).