Legal Opinion
People v. Hemingway
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1995PublishedCited by 6 opinions
1Opinion of the Court
—Judgment *1103unanimously affirmed. Memorandum: The sentencing court did not abuse its discretion in resentencing defendant upon his conviction for a violation of probation without requiring an updated presentence investigation report. The declaration of delinquency and reports submitted by his probation officer concerning the activities of defendant after his admission that he violated probation and prior to resentencing constituted the functional equivalent of an updated report (see, People v Sanchez, 143 AD2d 377, 378, lv denied 73 NY2d 790; cf., People v Gilyard, 161 AD2d 464). Further,…
2Cases cited5 opinions
- People v. SanchezAppellate Division of the Supreme Court of the State of New York · 1988
- People v. GreeneAppellate Division of the Supreme Court of the State of New York · 1994
- 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. GilyardAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- People v. SomersAppellate Division of the Supreme Court of the State of New York · 2001
- People v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 1998
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 1997
- FUENTES, HECTOR, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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