People v. Banchs-Rivera

OPINION OF THE COURT

David D. Egan, J.

In a case of apparent first impression this sentenced defendant moves for correction of the Probation Department’s presentence report utilized by the court at the time of sentencing. The defendant alleges that the presentence report erred in reporting that defendant had an alias of Jay Rivera and that he had a blood alcohol content of .22 at the time of the arrest.

The defendant was convicted of several felonies and lesser matters after a trial by jury. A presentence investigation was ordered, pursuant to CPL 390.20 (1). The presentence report was received…