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People v. Aponte

129 A.D.2d 583, 513 N.Y.S.2d 1010, 1987 N.Y. App. Div. LEXIS 45255
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 6, 1987
StatusPublished

This text of 129 A.D.2d 583 (People v. Aponte) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Aponte, 129 A.D.2d 583, 513 N.Y.S.2d 1010, 1987 N.Y. App. Div. LEXIS 45255 (N.Y. Ct. App. 1987).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered January 7, 1985/ convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is modified by vacating the sentence; as so modified, the judgment is affirmed and the matter is remitted to the Supreme Court, Kings County, for resentence in accordance herewith.

The People concede that the court pronounced sentence without first receiving a presentence investigation report. This was error (see, CPL 390.20; People v Lucas, 119 AD2d 700, lv denied 68 NY2d 670; People v Jackson, 106 AD2d 93; People v Grice, 64 AD2d 718). Thompson, J. P., Rubin, Lawrence, Kunzeman and Sullivan, JJ., concur.

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Related

People v. Grice
64 A.D.2d 718 (Appellate Division of the Supreme Court of New York, 1978)
People v. Jackson
106 A.D.2d 93 (Appellate Division of the Supreme Court of New York, 1984)
People v. Lucas
119 A.D.2d 700 (Appellate Division of the Supreme Court of New York, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
129 A.D.2d 583, 513 N.Y.S.2d 1010, 1987 N.Y. App. Div. LEXIS 45255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aponte-nyappdiv-1987.