PEOPLE v. GOMEZ


181 A.D.2d 533 (1992)

The People of the State of New York, Respondent, v. Jose Gomez, Appellant

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

March 17, 1992


In satisfaction of an indictment charging him with greater crimes, defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and received the sentence promised under the agreement. On appeal, defendant argues that he was sentenced on April 19, 1990 without benefit of a presentence report in violation of CPL 390.20. This argument is refuted by the record which indicates that a presentence report was stamped as having been delivered to the trial...

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