People v. Styles

Appellate Division of the Supreme Court of New York

People v. Styles

285 A.D.2d 564, 727 N.Y.S.2d 904, 2001 N.Y. App. Div. LEXIS 7454

Appellate Division of the Supreme Court of the State of New York·Decided July 16, 2001·Published·Cited by 4 cases

Opinion

—Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (J. Goldberg, J.), imposed February 17, 2000, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted sale of a controlled substance in the third degree.

Ordered that the amended sentence is affirmed.

The sentencing court may properly consider evidence of other [565] crimes for which the defendant was not tried provided the court is satisfied that “the information upon which it bases the sentence is reliable and accurate” (People v Naranjo, 89 NY2d 1047, 1049; see, People v Outley, 80 NY2d 702, 712). The court was entitled to treat the defendant’s admission to criminal activity, made under oath in an unrelated proceeding, as reliable (see, People v Migliore, 150 AD2d 169; People v Marrero, 110 AD2d 785). Bracken, P. J., Ritter, Goldstein, Schmidt and Townes, JJ., concur.

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—Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Kings County (J. Goldberg, J.), imposed February 17, 2000, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted sale of a controlled substance in the third degree.

Ordered that the amended sentence is affirmed.

The sentencing court may properly consider evidence of other [565] crimes for which the defendant was not tried provided the court is satisfied that “the information upon which it bases the sentence is reliable and accurate” (People v Naranjo, 89 NY2d 1047, 1049; see, People v Outley, 80 NY2d 702, 712). The court was entitled to treat the defendant’s admission to criminal activity, made under oath in an unrelated proceeding, as reliable (see, People v Migliore, 150 AD2d 169; People v Marrero, 110 AD2d 785). Bracken, P. J., Ritter, Goldstein, Schmidt and Townes, JJ., concur.

People v. Styles, 285 A.D.2d 564, 727 N.Y.S.2d 904, 2001 N.Y. App. Div. LEXIS 7454 (N.Y. Ct. App. 2001).

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