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People v. Pennington

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1975
50 A.D.2d 609 (N.Y. App. Div. 1975)

Summary

In People v Pennington (50 A.D.2d 609), where the defendant was continuously incarcerated during the two-year period between the original sentence and the resentence, this Court held that there was "no merit to defendant's claim that the judgment of resentence should be reversed because the sentencing court refused to order an updated probation report".

Summary of this case from People v. Kuey

Opinion

November 24, 1975


Judgment of the Supreme Court, Queens County, rendered May 29, 1975 on resentence, affirmed. In our view, there is no merit to defendant's claim that the judgment of resentence should be reversed because the sentencing court refused to order an updated probation report which might reflect his rehabilitation and his transfer to a minimum security prison. Nor do we see any merit to his claim that the sentencing court should have granted an adjournment for the purpose of allowing defendant's counsel an opportunity to prepare a presentence memorandum. Latham, Acting P.J., Margett, Christ, Brennan and Munder, JJ., concur.


Summaries of

People v. Pennington

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1975
50 A.D.2d 609 (N.Y. App. Div. 1975)

In People v Pennington (50 A.D.2d 609), where the defendant was continuously incarcerated during the two-year period between the original sentence and the resentence, this Court held that there was "no merit to defendant's claim that the judgment of resentence should be reversed because the sentencing court refused to order an updated probation report".

Summary of this case from People v. Kuey
Case details for

People v. Pennington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY PENNINGTON…

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

Date published: Nov 24, 1975

Citations

50 A.D.2d 609 (N.Y. App. Div. 1975)

Citing Cases

People v. Kuey

We disagree. In People v Pennington ( 50 A.D.2d 609), where the defendant was continuously incarcerated…