People v. Baker

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered October 27, 1997, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant pleaded guilty to the crime of assault in the second degree and was sentenced to a prison term of IV2 to 3 years. Contrary to defendant’s contention, there is no basis to conclude that County Court failed to consider the presentence investigation report (see, People v Kalakowski, 120 AD2d 763, 765, lv denied 68 NY2d 669). While the sentence imposed exceeded that recommended in the…