Legal Opinion

People v. Carey

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

Decided July 1, 2011PublishedCited by 15 opinions

1Opinion of the Court

Memorandum:

Defendant was convicted upon a plea of guilty of, inter alia, driving while intoxicated as a class E felony (Vehicle and Traffic Law § 1192 [3]; § 1193 [1] [c] [former (i)]) and was sentenced to a term of shock probation. He subsequently admitted that he violated a condition of probation and now appeals from a judgment revoking his sentence of shock probation and imposing a sentence of imprisonment. Defendant failed to preserve for our review his contention that County Court erred in failing to order an updated presentence report before sentencing him following the revocation of…

2Cases cited6 opinions

  1. People v. LopezNew York Court of Appeals · 1988
  2. People v. FairmanAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. PomalesAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. KlinkowskiAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. ShorterAppellate Division of the Supreme Court of the State of New York · 2003

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3Cited by15 opinions

  1. People v. KingAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. StachnikAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. AllenAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. GianniAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. HayhurstAppellate Division of the Supreme Court of the State of New York · 2013

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