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People v. Ortega

Supreme Court, Appellate Division, First Department, New York.
Mar 9, 2017
148 A.D.3d 467 (N.Y. App. Div. 2017)

Opinion

03-09-2017

The PEOPLE of the State of New York, SCI Respondent, v. Hiram ORTEGA, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Claudia Trupp and Mark Bulliet of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Robert McIver of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Claudia Trupp and Mark Bulliet of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Robert McIver of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J. at plea; Raymond L. Bruce, J. at sentencing), rendered December 10, 2015, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

The court should have granted defense counsel's request for a 24–hour adjournment to review the presentence report, which had not been provided in advance of the sentencing date (see CPL 390.50[2][a] ).

SWEENY, J.P., MAZZARELLI, MOSKOWITZ, KAHN, JJ., concur.


Summaries of

People v. Ortega

Supreme Court, Appellate Division, First Department, New York.
Mar 9, 2017
148 A.D.3d 467 (N.Y. App. Div. 2017)
Case details for

People v. Ortega

Case Details

Full title:The PEOPLE of the State of New York, SCI Respondent, v. Hiram ORTEGA…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Mar 9, 2017

Citations

148 A.D.3d 467 (N.Y. App. Div. 2017)
148 A.D.3d 467
2017 N.Y. Slip Op. 1794