PEOPLE v. VILLANUEVA


144 A.D.2d 285 (1988)

The People of the State of New York, Respondent, v. Wigberto Villanueva, Appellant

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

November 17, 1988


The record of the sentencing proceeding in this conviction for a taxicab robbery reveals that the court, in determining defendant's sentence, relied upon a 1981 arrest on weapons charges and a 1983 arrest for unauthorized use of a vehicle. In each of these matters, however, all of the charges against defendant had been dismissed. The record further indicates that the court took into account an indictment for robbery which was then pending against the defendant. That indictment...

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