From Casetext: Smarter Legal Research

People v. Smallwood

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1995
212 A.D.2d 449 (N.Y. App. Div. 1995)

Opinion

February 21, 1995

Appeal from the Supreme Court, Bronx County (Frank Diaz, J.).


Defendant's contention that the presentence report was so incomplete as to vitiate the sentencing court's reliance on it in imposing sentence is without merit. We note that defendant negotiated this plea sentence agreement (see, People v Fernandez, 171 A.D.2d 444, lv denied 77 N.Y.2d 960), and that both counsel and defendant at the sentencing proceeding declined to challenge the report, thus waiving the present claim (People v Quinlan, 193 A.D.2d 564, lv denied 82 N.Y.2d 724). Finally, much of the information in the report was provided by defendant himself, so defendant can hardly complain that the report was incomplete with respect to his social and family history. Nor do we find any basis to reduce the negotiated sentence imposed.

Concur — Wallach, J.P., Rubin, Ross, Asch and Mazzarelli, JJ.


Summaries of

People v. Smallwood

Appellate Division of the Supreme Court of New York, First Department
Feb 21, 1995
212 A.D.2d 449 (N.Y. App. Div. 1995)
Case details for

People v. Smallwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SMALLWOOD…

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

Date published: Feb 21, 1995

Citations

212 A.D.2d 449 (N.Y. App. Div. 1995)
622 N.Y.S.2d 939

Citing Cases

People v. Villafane

Before: Andrias, J.P., Sullivan, Wallach, Rubin, Gonzalez, JJ. By failing to request any remedy, defendant…

People v. Scott

By failing to request any remedy, defendant did not preserve his current claim that the pre-sentence report…