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People v. Reyes

Supreme Court, Appellate Division, Second Department, New York.
Apr 20, 2016
138 A.D.3d 1036 (N.Y. App. Div. 2016)

Opinion

04-20-2016

The PEOPLE, etc., respondent, v. Edwin A. REYES, appellant.

Mark Diamond, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.


Mark Diamond, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Camacho, J.), rendered July 9, 2014, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for resentencing in accordance herewith.

As the People correctly concede, the County Court improperly sentenced the defendant without first obtaining a presentence report (see CPL 390.20[1] ; People v. O'Dell, 105 A.D.2d 987, 987, 482 N.Y.S.2d 134 ). Contrary to the People's contention, the circumstances of this case do not render resentencing unnecessary (see People v. O'Dell, 105 A.D.2d at 987, 482 N.Y.S.2d 134 ).

The defendant's remaining contention is unpreserved for appellate review (see People v. Deal, 115 A.D.3d 975, 976, 982 N.Y.S.2d 388 ) and, in any event, without merit (see People v. Nieves, 2 N.Y.3d 310, 316, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Margillo, 69 A.D.3d 655, 656, 893 N.Y.S.2d 170 ).

BALKIN, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Reyes

Supreme Court, Appellate Division, Second Department, New York.
Apr 20, 2016
138 A.D.3d 1036 (N.Y. App. Div. 2016)
Case details for

People v. Reyes

Case Details

Full title:The PEOPLE, etc., respondent, v. Edwin A. REYES, appellant.

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

Date published: Apr 20, 2016

Citations

138 A.D.3d 1036 (N.Y. App. Div. 2016)
28 N.Y.S.3d 626
2016 N.Y. Slip Op. 3022

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