People v. Iacovelli

Appellate Division of the Supreme Court of New York

People v. Iacovelli

78 A.D.2d 641, 432 N.Y.S.2d 160, 1980 N.Y. App. Div. LEXIS 13122

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

DecidedOctober 6, 1980

StatusPublished

This text of 78 A.D.2d 641 (People v. Iacovelli) 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. Iacovelli, 78 A.D.2d 641, 432 N.Y.S.2d 160, 1980 N.Y. App. Div. LEXIS 13122 (N.Y. Ct. App. 1980).

Pincite

Opinion

— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County, imposed January 16, 1980, upon his adjudication as a youthful offender, after his plea of guilty, the sentence being an indeterminate prison term with a maximum of four years. Sentence reversed, on the law, and matter remanded to the Supreme Court, Richmond County, for resentencing. As the People concede, the probation report inaccurately reported defendant’s prior legal history. It cannot be stated that this misinformation did not affect the sentencing court’s judgment as to what sentence to impose. Accordingly, an accurate probation report must be prepared before a proper sentence may be imposed. Gulotta, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

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— Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County, imposed January 16, 1980, upon his adjudication as a youthful offender, after his plea of guilty, the sentence being an indeterminate prison term with a maximum of four years. Sentence reversed, on the law, and matter remanded to the Supreme Court, Richmond County, for resentencing. As the People concede, the probation report inaccurately reported defendant’s prior legal history. It cannot be stated that this misinformation did not affect the sentencing court’s judgment as to what sentence to impose. Accordingly, an accurate probation report must be prepared before a proper sentence may be imposed. Gulotta, J. P., Cohalan, Hargett and O’Connor, JJ., concur.

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Bluebook (online)

78 A.D.2d 641, 432 N.Y.S.2d 160, 1980 N.Y. App. Div. LEXIS 13122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-iacovelli-nyappdiv-1980.