The State of New York v. McClain

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN McCLAIN, Appellant

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

Date published: Sep 27, 1996

231 A.D.2d 874 (N.Y. App. Div. 1996)

648 N.Y.S.2d 396

Opinion

September 27, 1996.

Judgment unanimously affirmed.

Before: Present Green, J.P., Pine, Fallon, Doerr and Boehm, JJ.

Memorandum:

Court did not abuse its discretion in sentencing defendant upon his conviction of violation of probation without requiring an updated presentence investigation report ( see, People v Reaves, 216 AD2d 945, lv denied 86 NY2d 801; People v Shattuck, 214 AD2d 1026, lv denied 86 NY2d 740). The sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, Drury, J. — Violation of Probation.)