Legal Opinion

People v. Villegas

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

Decided April 20, 1989PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Wallach, J.

Under CPL 390.20 (1), the court is required to consider a presentence report before imposing sentence in a felony case. Previously, we have been reluctant to hold that such a report can be waived by the defendant (People v Andujar, 110 AD2d 606; People v Brock, 48 AD2d 790). The People now ask us to hold that it can be forfeited. Unlike waiver, which results from a knowing decision to relinquish a right and involves an evaluation of the defendant’s state of mind, forfeiture results as a matter of public policy by operation of law and is based on objective facts…

2Cases cited10 opinions

  1. Mempa v. RhaySupreme Court of the United States · 1967
  2. Bearden v. GeorgiaSupreme Court of the United States · 1983
  3. People v. SelikoffNew York Court of Appeals · 1974
  4. People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
  5. People v. CorleyNew York Court of Appeals · 1986

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3Cited by8 opinions

  1. People v. HarrisNew York Court of Appeals · 1992
  2. People v. TejadaAppellate Division of the Supreme Court of the State of New York · 1991
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 1990
  4. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. RojasAppellate Division of the Supreme Court of the State of New York · 1995

3 more not listed; retrieve them via the Exa API.

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