People v Dukes

People v Dukes 2021 NY Slip Op 06532 Decided on November 23, 2021 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 23, 2021
No. 86 SSM 22

[*1]The People & c., Respondent, v.

v

Kevin A. Dukes, Appellant.

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 AD3d 1073, 1074-1076 [2020] [Peradotto, J.P. and Lindley, J. dissenting]).

Decided November 23, 2021