People v. Brand
Appellate Division of the Supreme Court of the State of New York
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
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. TyrrellAppellate Division of the Supreme Court of the State of New York · 1984
- People v. HalabyAppellate Division of the Supreme Court of the State of New York · 1980
- 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
- People v. StantonAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by9 opinions
- People v. ReavesAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SchalkAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. LaLondeAppellate Division of the Supreme Court of the State of New York · 1991
- 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.