People v. Nunez-Garcia

Appellate Division of the Supreme Court of New York

People v. Nunez-Garcia

7 A.D.3d 259, 775 N.Y.S.2d 525, 2004 N.Y. App. Div. LEXIS 6496

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

DecidedMay 4, 2004

StatusPublished

This text of 7 A.D.3d 259 (People v. Nunez-Garcia) 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. Nunez-Garcia, 7 A.D.3d 259, 775 N.Y.S.2d 525, 2004 N.Y. App. Div. LEXIS 6496 (N.Y. Ct. App. 2004).

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Opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2001, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

Defendant’s claim that his presentence report was inadequate is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court was provided with ample information on all matters relevant to defendant’s sentence (see CPL 390.30), which had been agreed upon. We perceive no basis for reducing the sentence. Concur—Nardelli, J.P, Andrias, Sullivan and Ellerin, JJ.

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Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2001, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of eight years, unanimously affirmed.

Defendant’s claim that his presentence report was inadequate is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court was provided with ample information on all matters relevant to defendant’s sentence (see CPL 390.30), which had been agreed upon. We perceive no basis for reducing the sentence. Concur—Nardelli, J.P, Andrias, Sullivan and Ellerin, JJ.

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Bluebook (online)

7 A.D.3d 259, 775 N.Y.S.2d 525, 2004 N.Y. App. Div. LEXIS 6496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nunez-garcia-nyappdiv-2004.