The defendant contends (1) that the evidence was insufficient to convict him beyond a reasonable doubt, (2) that there is no evidence in the record that the sentencing Judge ordered or received a presentence report as required by CPL 390.20 and (3) that the sentence imposed is violative of the Eighth Amendment of the United States Constitution barring cruel and inhuman punishment. From the record it is clear that defendant drove a borrowed car with one Joseph Scully as a...
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