defendant contends that the presentence report should be amended because, according to defendant, it contains inaccurate assertions and unsupported speculation that "are likely to prejudice [defendant] for years to come" (see generally People v Harrington, 3 AD3d 737, 739). Defendant failed to preserve that contention for our review, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Thứ Bảy, 3 tháng 1, 2009
Errors in Presentence Investigation Reports Need to be Objected to Before the Sentencing Court
Erroneous information in presentence reports can have all sorts of negative consequences to a defendant. Thus, when inaccurate, prejudicial information is in a presentence reports, it is critical that counsel seek to have the report amended. Critically, it is the trial court counsel, who must seek the changes. As the Fourth Department, held in People v Hall, 2008 NY Slip Op 10361 [12/21/08], if such relief is not sought at the lower court, the issue is not preserved for review:
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Provisions in Settlement Agreement Which Govern Award of Attorney's Fees, Rather than Statutory Provisions, Control. In Berns v Halberst...
-
The Cultural Property Advisory Committee will be holding public sessions on October 12 and October 14, 2010 to consider renewing the cultura...
-
For what its worth, the BG&S website has some articles I've authored, each of which should have been published by now in "The S...
-
I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to th...
-
I'm living my dream. When I told my friends five years ago where I was moving they recommended I see a therapist. I escaped the big city...
-
In People v Helmer ( 2009 NY Slip Op 04830 4th Dept 6/12/09) the sole issue was whether the victim was a stranger to defendant for purpose...
-
The need to renew previously made requests has been in the news recently with lots of reminders that if you don't a request to be on the...
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
Let us thank the American Bar Association for giving the green light late last year to allow the corporations and corrupt TARP receiving ban...
-
re-posted from Parentadvocates.org LINK The subtitle of the article on the July 29, 2012 New York Post: "Judges' pals cashing in...
Không có nhận xét nào:
Đăng nhận xét