Opinion
March 25, 1985
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Sentence affirmed.
The record establishes that a complete and thorough presentence report was received by the court prior to sentencing (CPL 390.20; 390.30). In addition, defendant's presentence memorandum, containing evaluations of his mental health, was duly filed with the court prior to the pronouncement of sentence (CPL 390.40), thereby giving defendant the opportunity to refute the contents of the presentence report ( People v. Ranieri, 43 A.D.2d 1012). Thus, the court did not abuse its discretion by not postponing sentencing for the purpose of allowing defendant to submit a copy of his presentence memorandum to the probation officer who had prepared the presentence report.
Finally, the sentence imposed does not warrant appellate modification ( People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.