PEOPLE v. GREGORIO


110 Misc.2d 1058 (1981)

The People of the State of New York, Plaintiff, v. Carl Gregorio and Albert Ryan, Defendants.

Supreme Court, Trial Term, New York County.

October 16, 1981


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Harold Wilson and Lawrence Green of counsel), for plaintiff. Benjamin Brafman for Carl Gregorio, defendant. Peter R. Cooperman for Albert Ryan, defendant.


SHELDON LEVY, J.

Although there is no statutory basis for the prosecution to submit a presentence memorandum, should one be accepted by the court if offered, and, if so, under what conditions? No prior reported case has addressed the problem, and this determination is, accordingly, one of apparent first impression.

After a three-month trial encompassing a complicated fact pattern; the introduction of a myriad of exhibits and testimony concerning...

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