Legal Opinion

People v. Carmello

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

Decided November 18, 1985PublishedCited by 15 opinions

1Opinion of the Court

—Appeal by defendant from a judgment of the County Court, Suffolk County (Mazzei, J.), rendered July 19, 1984, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

The court is not obligated to make reference to the presentence report on the record, and the law mandates only that it receive the presentence report before pronouncing sentence (CPL 390.20 [1]; People v Grice, 64 AD2d 718). The record indicates that the presentence report was prepared and sent to the court and defendant did nothing to refute the presumption of…

2Cases cited6 opinions

  1. People v. BouyeaNew York Court of Appeals · 1985
  2. People v. BryantAppellate Division of the Supreme Court of the State of New York · 1975
  3. People v. GriceAppellate Division of the Supreme Court of the State of New York · 1978
  4. People ex rel. Colon v. ReidAppellate Division of the Supreme Court of the State of New York · 1979
  5. People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1984

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

3Cited by15 opinions

  1. People v. SampsonAppellate Division of the Supreme Court of the State of New York · 2006
  2. People v. EvansAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1989

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

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