People v. Ortega

Appellate Division of the Supreme Court of New York

People v. Ortega

2017 NY Slip Op 1794, 148 A.D.3d 467, 47 N.Y.S.3d 908

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

DecidedMarch 9, 2017

Docket3363 3102/10

StatusPublished

This text of 2017 NY Slip Op 1794 (People v. Ortega) 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. Ortega, 2017 NY Slip Op 1794, 148 A.D.3d 467, 47 N.Y.S.3d 908 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J. at plea; Raymond L. Bruce, J. at sentencing), rendered December 10, 2015, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

The court should have granted defense counsel’s request for a 24-hour adjournment to review the presentence report, which had not been provided in advance of the sentencing date (see CPL 390.50 [2] [a]).

Concur — Sweeny, J.P., Mazzarelli, Moskowitz and Kahn, JJ.

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

Judgment, Supreme Court, Bronx County (Ethan Greenberg, J. at plea; Raymond L. Bruce, J. at sentencing), rendered December 10, 2015, convicting defendant of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of three years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing, and otherwise affirmed.

The court should have granted defense counsel’s request for a 24-hour adjournment to review the presentence report, which had not been provided in advance of the sentencing date (see CPL 390.50 [2] [a]).

Concur — Sweeny, J.P., Mazzarelli, Moskowitz and Kahn, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

2017 NY Slip Op 1794, 148 A.D.3d 467, 47 N.Y.S.3d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ortega-nyappdiv-2017.