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People v. Arnett

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 966 (N.Y. App. Div. 1994)

Opinion

February 4, 1994

Appeal from the Cattaraugus County Court, Ward, J.

Present — Green, J.P., Pine, Callahan, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The fact that the presentence report improperly recommended a specific sentence (see, 9 NYCRR 350.7 [b] [6]) does not warrant vacating that sentence where no objection was made to the recommendation at sentencing (see, People v. Marin, 157 A.D.2d 804, 805, lv denied 76 N.Y.2d 791). Furthermore, the court had a sufficient basis upon which to sentence defendant to one year imprisonment given his prior record (cf., People v. West, 145 A.D.2d 980). There is nothing in the record to indicate that the court failed to exercise its discretion independently.


Summaries of

People v. Arnett

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 4, 1994
201 A.D.2d 966 (N.Y. App. Div. 1994)
Case details for

People v. Arnett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GORDON L. ARNETT…

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

Date published: Feb 4, 1994

Citations

201 A.D.2d 966 (N.Y. App. Div. 1994)
610 N.Y.S.2d 910

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