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People v. Brinson

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2002
298 A.D.2d 870 (N.Y. App. Div. 2002)

Opinion

KA 99-01146

October 1, 2002.

Appeal from an order of Supreme Court, Niagara County (Koshian, J.), entered September 20, 1999, which denied defendant's CPL 440.20 motion.

JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (LEONARD G. TILNEY, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.

MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PINE, J.P., HAYES, KEHOE, GORSKI, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from an order denying his pro se CPL 440.20 motion. Supreme Court did not err in sentencing defendant upon his plea of guilty to criminal facilitation in the second degree (Penal Law § 115.05) without first obtaining and considering an updated presentence investigation report because defendant expressly waived the right to an updated report as part of his negotiated plea ( cf. People v. Cintron, 191 A.D.2d 705). In any event, an updated report was not necessary. At sentencing the court had before it the presentence investigation report that it had used when sentencing defendant on a judgment of conviction subsequently reversed by this Court ( People v. Brinson, 195 A.D.2d 966). Defendant has been continuously incarcerated since that presentence investigation report was prepared, and thus "the court could be assured * * * that there was no new relevant information" ( People v. White, 115 A.D.2d 313, 315). Defendant's remaining contentions are not preserved for our review ( see CPL 470.05), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see 470.15 [6] [a]).


Summaries of

People v. Brinson

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2002
298 A.D.2d 870 (N.Y. App. Div. 2002)
Case details for

People v. Brinson

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOSEPH BRINSON…

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

Date published: Oct 1, 2002

Citations

298 A.D.2d 870 (N.Y. App. Div. 2002)
747 N.Y.S.2d 829

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