People v. Villegas
Appellate Division of the Supreme Court of the State of New York
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
- Mempa v. RhaySupreme Court of the United States · 1967
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- People v. SelikoffNew York Court of Appeals · 1974
- People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
- People v. CorleyNew York Court of Appeals · 1986
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3Cited by8 opinions
- People v. HarrisNew York Court of Appeals · 1992
- People v. TejadaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ScottAppellate Division of the Supreme Court of the State of New York · 1990
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1991
- 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.