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People v. Nunez-Garcia

Appellate Division of the Supreme Court of New York, First Department
May 4, 2004
7 A.D.3d 259 (N.Y. App. Div. 2004)

Opinion

3515.

Decided May 4, 2004.

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2001, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 8 years, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Bonnie C. Brennan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Soo Im of counsel), for respondent.

Before: Nardelli, J.P., Andrias, Sullivan, Ellerin, JJ.


Defendant's claim that his pre-sentence report was inadequate is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court was provided with ample information on all matters relevant to defendant's sentence ( see CPL 390.30), which had been agreed upon. We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Nunez-Garcia

Appellate Division of the Supreme Court of New York, First Department
May 4, 2004
7 A.D.3d 259 (N.Y. App. Div. 2004)
Case details for

People v. Nunez-Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON NUNEZ-GARCIA…

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

Date published: May 4, 2004

Citations

7 A.D.3d 259 (N.Y. App. Div. 2004)
775 N.Y.S.2d 525