People v. Peters

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered November 14, 1991, sentencing defendant to 5 years’ probation, upon his conviction of criminal possession of a weapon in the third degree, unanimously affirmed.

The People’s argument that the sentence is invalid as a matter of law because the sentencing court made no finding of mitigating factors and undue harshness, as required by Penal Law § 70.02 (2) (c) (i), in imposing a sentence of probation, is unpreserved for appellate review, and we decline to reach it (cf., People v Proctor, 79 NY2d 992; People v Callahan,…