People v. Brinson

—Appeal from an order of Supreme Court, Niagara County (Koshian, J.), entered September 20, 1999, which denied defendant’s CPL 440.20 motion.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from an order denying his pro se CPL 440.20 motion. Supreme Court did not err in sentencing defendant upon his plea of guilty to criminal facilitation in the second degree (Penal Law § 115.05) without first obtaining and considering an updated presentence investigation report because defendant expressly waived the right to an…