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PEOPLE v. CARMELLO

114 A.D.2d 965 (1985)

The People of the State of New York, Respondent, v. Richard J. Carmello, Appellant

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

November 18, 1985

Judgment affirmed.

The court is not obligated to make reference to the presentence report on the record, and the law mandates only that it receive the presentence report before pronouncing sentence (CPL 390.20 [1]; People v Grice, 64 A.D.2d 718). The record indicates that the presentence report was prepared and sent to the court and defendant did nothing to refute the presumption of timely receipt. The report recommended...

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