Legal Opinion

People v. Somers

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

Decided February 7, 2001PublishedCited by 7 opinions

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

  1. People v. SanchezAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. ReavesAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. ShattuckAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. HemingwayAppellate Division of the Supreme Court of the State of New York · 1995

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3Cited by7 opinions

  1. People v. CareyAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. FairmanAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. OrlowskiAppellate Division of the Supreme Court of the State of New York · 2002
  5. CAREY, WILLIAM F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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