People v. Santos, 109 A.D.2d 901 (N.Y. App. Div. 1985). · Go Syfert
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People v. Santos, 109 A.D.2d 901 (N.Y. App. Div. 1985). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Harris (nyappdiv, 2014-10-30)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2014 · confidence medium
By directing the parties to submit presentence memoranda to be appended to the record, County Court afforded defendant with ample opportunity to address the purported inaccuracies of the presentence investigative report (see CPL 390.40; People v Santos, 109 AD2d 901, 901-902 [1985], lv denied 66 NY2d 922 [1985]; People v Ranieri, 43 AD2d 1012, 1012 [1974]).
discussed Cited as authority (rule) PeoplevHarris
N.Y. App. Div. · 2014 · confidence medium
By directing the parties to submit presentence memoranda to be appended to the record, County Court afforded defendant with ample opportunity to address the purported inaccuracies of the presentence investigative report (see CPL 390.40; People v Santos, 109 AD2d 901, 901-902 [1985], lv denied 66 NY2d 922 [1985]; People v Ranieri, 43 AD2d 1012, 1012 [1974]).
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2014 · confidence medium
By directing the parties to submit presentence memoranda to be appended to the record, County Court afforded defendant with ample opportunity to address the purported inaccuracies of the presentence investigative report (see CPL 390.40; People v Santos, 109 AD2d 901, 901-902 [1985], lv denied 66 NY2d 922 [1985]; People v Ranieri, 43 AD2d 1012, 1012 [1974]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Ralph Santos
Appellate Division of the Supreme Court of the State of New York.
Mar 25, 1985.
109 A.D.2d 901
1985 N.Y. App. Div. LEXIS 47433
Cited by 6 opinions  |  Published

— Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Suffolk County (Mclnerney, J.), imposed July 11, 1983.

Sentence affirmed.

The record establishes that a complete and thorough presentence report was received by the court prior to sentencing (CPL 390.20 [1]; 390.30). In addition, defendant’s presentence memorandum, containing evaluations of his mental health, was duly filed with the court prior to the pronouncement of sentence (CPL 390.40 [1]), thereby giving defendant the opportunity to refute[*902] the contents of the presentence report (People v Ranieri, 43 AD2d 1012). Thus, the court did not abuse its discretion by not postponing sentencing for the purpose of allowing defendant to submit a copy of his presentence memorandum to the probation officer who had prepared the presentence report.

Finally, the sentence imposed does not warrant appellate modification (People v Suitte, 90 AD2d 80). Mangano, J. P., Gibbons, Brown and Lawrence, JJ., concur.