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People v. Nazario

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 726 (N.Y. App. Div. 1998)

Opinion

September 29, 1998

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


Defendant's claim that he was sentenced without the benefit of a pre-sentence report, as required by CPL 390.20 (1), is based solely on the absence of any reference to this report in the record. Such absence is insufficient to rebut the presumption of regularity accorded to judicial proceedings ( People v. Kalakowski, 120 A.D.2d 763, lv denied 68 N.Y.2d 669). A pre-sentence report was ordered by the court and prepared by the Department of Probation prior to the sentencing date, and it is presumed that defendant was lawfully sentenced on the basis of this report ( People v. Martinez, 237 A.D.2d 122, lv denied 90 N.Y.2d 860).

Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.


Summaries of

People v. Nazario

Appellate Division of the Supreme Court of New York, First Department
Sep 29, 1998
253 A.D.2d 726 (N.Y. App. Div. 1998)
Case details for

People v. Nazario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR NAZARIO…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 29, 1998

Citations

253 A.D.2d 726 (N.Y. App. Div. 1998)
679 N.Y.S.2d 362

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