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People v. La France

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 904 (N.Y. App. Div. 1991)

Opinion

March 7, 1991

Appeal from the County Court of Franklin County (Main, Jr., J.).


Defendant alleges that, had there not been inaccurate information in the presentence report, County Court would have imposed a more lenient sentence. First, prior to sentencing, defense counsel had the opportunity to review the presentence report and he neither requested an adjournment based upon the contents of the report nor did he make any effort to correct it. Second, the alleged discrepancies in the presentence report relate only to the previous sentences actually served by defendant and not to the sentences actually imposed, and it was to the latter that County Court made reference when it sentenced defendant to one year in County Jail upon his plea of guilty to driving while intoxicated as a misdemeanor in full satisfaction of an indictment charging, among other things, at least two felonies. Under the circumstances, coupled with defendant's criminal record and the fact that, as County Court noted, more lenient sentences have had no effect on defendant, it cannot be said that County Court abused its discretion in imposing sentence (see, People v Brown, 160 A.D.2d 1037, 1038, lv denied 76 N.Y.2d 785; People v Jennette, 128 A.D.2d 955, 956, lv denied 69 N.Y.2d 951).

Judgment affirmed. Weiss, J.P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.


Summaries of

People v. La France

Appellate Division of the Supreme Court of New York, Third Department
Mar 7, 1991
171 A.D.2d 904 (N.Y. App. Div. 1991)
Case details for

People v. La France

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGIS N. LA FRANCE…

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

Date published: Mar 7, 1991

Citations

171 A.D.2d 904 (N.Y. App. Div. 1991)
567 N.Y.S.2d 190

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