Legal Opinion

People v. Brand

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

Decided March 4, 1988PublishedCited by 9 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: A defendant convicted of a felony may not be sentenced until the court has ordered a presentence investigation and received a written report on that investigation (CPL 390.20 [1]). Although CPL 390.20 does not expressly provide procedures to be followed upon the revocation of a sentence of probation where the underlying conviction is a felony (see, People v Goon, 124 AD2d 347, 348, lv denied 69 NY2d 711; People v Halaby, 77 AD2d 717, 718 [Kane, J., concurring]), it has been held that a presentence report is required in such circumstances (see, e.g.,…

2Cases cited6 opinions

  1. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. TyrrellAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. HalabyAppellate Division of the Supreme Court of the State of New York · 1980
  4. People ex rel. Seaman v. Warden, New York City Correctional Institution for MenAppellate Division of the Supreme Court of the State of New York · 1976
  5. People v. StantonAppellate Division of the Supreme Court of the State of New York · 1983

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. ReavesAppellate Division of the Supreme Court of the State of New York · 1995
  2. People v. SchalkAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. LaLondeAppellate Division of the Supreme Court of the State of New York · 1991
  5. In re Christopher H.Appellate Division of the Supreme Court of the State of New York · 1993

4 more not listed; retrieve them via the Exa API.

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