People v. Navarro
This text of 91 A.D.2d 618 (People v. Navarro) 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.
Opinion
— Appeal by defendant from a resentence of the Supreme Court, Kings County (Ryan, J.), imposed November 7, 1979, pursuant to section 60.09 of the Penal Law, which reduced defendant’s sentence for criminal sale of a controlled substance in the third degree from an indeterminate term of imprisonment of four years to life to an indeterminate term of imprisonment of 4 to 12 years. Resentence affirmed. Upon resentence, defendant received the minimum sentence the court was authorized to impose pursuant to section 60.09 (subd b, pars [i], [iii]) of the Penal Law. Although the court did not obtain an up-to-date presentence report before imposing the resentence, no injustice accrued to defendant as a result of its absence (cf. People v Cruz, 89 AD2d 569). Accordingly, we affirm the resentence. O’Connor, J. P., Bracken, Brown and Niehoff, JJ., concur.
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Cite This Page — Counsel Stack
91 A.D.2d 618, 458 N.Y.S.2d 194, 1982 N.Y. App. Div. LEXIS 19468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-navarro-nyappdiv-1982.