People v. Somers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court did not err in sentencing defendant upon his conviction of violation of probation without requiring or considering an updated presentence investigation report. Although a court should review an updated presentence report before resentencing defendant on a violation of probation (see, CPL 390.20 [1]; People v Simpson, 179 AD2d 831), documents that inform the court of all relevant changes in defendant’s status may substitute as the “functional equivalent” of a presentence report (People v Hemingway, 222 AD2d 1102, 1103, lv denied 87 NY2d…
2Cases cited7 opinions
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 1988
- People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ReavesAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ShattuckAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HemingwayAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by7 opinions
- People v. CareyAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FairmanAppellate Division of the Supreme Court of the State of New York · 2007
- People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. OrlowskiAppellate Division of the Supreme Court of the State of New York · 2002
- CAREY, WILLIAM F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.