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People v. Grice

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 1978
64 A.D.2d 718 (N.Y. App. Div. 1978)

Opinion

July 31, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered January 23, 1976, convicting him of robbery in the third degree, upon a plea of guilty, and imposing sentence. Judgment reversed as to the sentence, on the law, and case remanded to the Criminal Term for resentence in accordance herewith. It was error to pronounce sentence without first receiving a presentence investigation report (see CPL 390.20, subd 1). The requirement of CPL 390.20 (subd 1) is not waivable (see People v Bentley, 78 Misc.2d 578; People v Selikoff, 35 N.Y.2d 227, 238, cert den 419 U.S. 1122). We take no cognizance of certain matter in the District Attorney's affirmation which is not contained in the record herein. Hopkins, J.P., Martuscello, Shapiro and O'Connor, JJ., concur.


Summaries of

People v. Grice

Appellate Division of the Supreme Court of New York, Second Department
Jul 31, 1978
64 A.D.2d 718 (N.Y. App. Div. 1978)
Case details for

People v. Grice

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY GRICE, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 31, 1978

Citations

64 A.D.2d 718 (N.Y. App. Div. 1978)

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