Legal Opinion

People v. Nazario

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

Decided September 29, 1998PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered January 13, 1995, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 4V2 years to life, unanimously affirmed.

Defendant’s claim that he was sentenced without the benefit of a pre-sentence report, as required by CPL 390.20 (1), is based solely on the absence of any reference to this report in the record. Such absence is insufficient to rebut the presumption of regularity accorded to judicial proceedings (People v Kalakowski,…

2Cases cited2 opinions

  1. People v. KalakowskiAppellate Division of the Supreme Court of the State of New York · 1986
  2. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. In re Alrick J.Appellate Division of the Supreme Court of the State of New York · 2009
  2. People v. TurleyAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. WhilbyAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. WhilbyAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. PadillaAppellate Division of the Supreme Court of the State of New York · 2022

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