PEOPLE v. SMITH


140 A.D.2d 726 (1988)

The People of the State of New York, Respondent, v. Lemuel Smith, Appellant

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

May 31, 1988


Ordered that the resentence is affirmed.

In view of the facts that an updated presentencing report had been filed with the court, that the defendant made no attempt to prepare a presentencing memorandum as permitted pursuant to CPL 390.40 (1) despite being provided with ample time and opportunity to do so, and that he failed to demonstrate in concrete fashion the need for any experts to aid in the preparation of such a memorandum, the court did not err in denying...

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