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PEOPLE v. GRICE

64 A.D.2d 718 (1978)

The People of the State of New York, Respondent, v. Larry Grice, Also Known as Victor Nelson, Also Known as Michael Nelson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 31, 1978

Judgment reversed as to the sentence, on the law, and case remanded to the Criminal Term for resentence in accordance herewith.

It was error to pronounce sentence without first receiving a presentence investigation report (see CPL 390.20, subd 1). The requirement of CPL 390.20 (subd 1) is not waivable (see People v Bentley, 78 Misc.2d 578; People v Selikoff, 35 N.Y.2d 227, 238...

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