People v. Sears

Appeal from a judgment of the County Court of Schenectady County (Harrigan, J.), entered May 24, 1993, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

Defendant entered a negotiated plea to robbery in the first degree and was sentenced in accordance with the plea bargain to a prison term of 2 to 6 years. Defendant now contends that the sentence is illegal and must be vacated due to County Court’s failure to have an updated presentence investigation report, which would have revealed defendant’s tuberculosis infection. Defendant claims that the report…