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PEOPLE v. ETHERIDGE

178 A.D.2d 682 (1991)

The People of the State of New York, Respondent, v. Theophilus Etheridge, Also Known as Sidney Edwards, Appellant

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

December 5, 1991

Defendant's only contention on appeal is that County Court abused its discretion in sentencing him to a term of imprisonment of 1 to 3 years because the court totally ignored the presentence report recommendation of probation. First, the recommendation in a presentence report is not binding on the sentencing court (see, People v Semkus, 122 A.D.2d 287, 288, lv denied 68 N...

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