People v. Arnett

Appellate Division of the Supreme Court of New York

People v. Arnett

201 A.D.2d 966, 610 N.Y.S.2d 910, 1994 N.Y. App. Div. LEXIS 2168

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 1994

StatusPublished

Cited by1 cases

This text of 201 A.D.2d 966 (People v. Arnett) 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. Arnett, 201 A.D.2d 966, 610 N.Y.S.2d 910, 1994 N.Y. App. Div. LEXIS 2168 (N.Y. Ct. App. 1994).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The fact that the presentence report improperly recommended a specific sentence (see, 9 NYCRR 350.7 [b] [6]) does not warrant vacating that sentence where no objection was made to the recommendation at sentencing (see, People v Marin, 157 AD2d 804, 805, lv denied 76 NY2d 791). Furthermore, the court had a sufficient basis upon which to sentence defendant to one year imprisonment given his prior record (cf., People v West, 145 AD2d 980). There is nothing in the record to indicate that the court failed to exercise its discretion independently. (Appeal from Judgment of Cattaraugus County Court, Ward, J. — Felony Driving [967]*967While Intoxicated.) Present — Green, J. P., Pine, Callahan, Doerr and Boehm, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: The fact that the presentence report improperly recommended a specific sentence (see, 9 NYCRR 350.7 [b] [6]) does not warrant vacating that sentence where no objection was made to the recommendation at sentencing (see, People v Marin, 157 AD2d 804, 805, lv denied 76 NY2d 791). Furthermore, the court had a sufficient basis upon which to sentence defendant to one year imprisonment given his prior record (cf., People v West, 145 AD2d 980). There is nothing in the record to indicate that the court failed to exercise its discretion independently. (Appeal from Judgment of Cattaraugus County Court, Ward, J. — Felony Driving [967]*967While Intoxicated.) Present — Green, J. P., Pine, Callahan, Doerr and Boehm, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

201 A.D.2d 966, 610 N.Y.S.2d 910, 1994 N.Y. App. Div. LEXIS 2168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arnett-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack