Legal Opinion

People v. Mannina

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

Decided November 22, 2011PublishedCited by 7 opinions

1Opinion of the Court

The defendant’s contention that the County Court improperly sentenced him upon his violation of a condition of his probation *1039without ordering an updated presentence report is unpreserved for appellate review (see CPL 470.05 [2]; People v Gambichler, 25 AD3d 722, 723 [2006]) and, in any event, without merit (see People v Kuey, 83 NY2d 278, 282 [1994]; cf. People v Pons, 134 AD2d 378, 378-379 [1987]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P, Angiolillo, Belen, Lott and Roman, JJ., concur.

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. KueyNew York Court of Appeals · 1994
  3. People v. GambichlerAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. PonsAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by7 opinions

  1. People v. McGinnAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. GledhillAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. McGheeAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. CaminoAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. CaminoAppellate Division of the Supreme Court of the State of New York · 2013

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