PEOPLE v. VILLEGAS


146 A.D.2d 228 (1989)

The People of the State of New York, Respondent, v. Eugenio Villegas, Also Known as Egenilo Villegas, Appellant

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

April 20, 1989.


Attorney(s) appearing for the Case

Joseph M. Sise of counsel (Stanley R. Kaplan with him on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

Richard Joselson of counsel (Philip L. Weinstein, attorney), for appellant.

SULLIVAN, J. P., CARRO, KASSAL and SMITH, JJ., concur.


WALLACH, J.

Under CPL 390.20 (1), the court is required to consider a presentence report before imposing sentence in a felony case. Previously, we have been reluctant to hold that such a report can be waived by the defendant (People v Andujar, 110 A.D.2d 606; People v Brock, 48 A.D.2d 790). The People now ask us to hold that...

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