People v. Horner

Appellate Division of the Supreme Court of New York

People v. Horner

259 A.D.2d 1039, 689 N.Y.S.2d 895, 1999 N.Y. App. Div. LEXIS 3468

Appellate Division of the Supreme Court of the State of New York·Decided March 31, 1999·Published

Opinion

Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in sentencing defendant without the benefit of an updated presentence investigation report. Defendant waived an update of the pre-plea report prepared eight months [1040] earlier, and the court was familiar with the changes in defendant’s status after the preparation of that report (see, People v Sinclair, 231 AD2d 926; People v Hemingway, 222 AD2d 1102, lv denied 87 NY2d 1020). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Genesee County Court, Morton, J. — Felony Driving While Intoxicated.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

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Judgment unanimously affirmed. Memorandum: County Court did not abuse its discretion in sentencing defendant without the benefit of an updated presentence investigation report. Defendant waived an update of the pre-plea report prepared eight months [1040] earlier, and the court was familiar with the changes in defendant’s status after the preparation of that report (see, People v Sinclair, 231 AD2d 926; People v Hemingway, 222 AD2d 1102, lv denied 87 NY2d 1020). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Genesee County Court, Morton, J. — Felony Driving While Intoxicated.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

People v. Horner, 259 A.D.2d 1039, 689 N.Y.S.2d 895, 1999 N.Y. App. Div. LEXIS 3468 (N.Y. Ct. App. 1999).

Pincite

259 A.D.2d 1039 (People v. Horner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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