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PEOPLE v. BAKER

253 A.D.2d 943 (1998)

678 N.Y.S.2d 914

The People of the State of New York, Respondent, v. Foster C. Baker, Appellant

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

September 17, 1998

Defendant pleaded guilty to the crime of assault in the second degree and was sentenced to a prison term of 1½ to 3 years. Contrary to defendant's contention, there is no basis to conclude that County Court failed to consider the presentence investigation report (see, People v Kalakowski, 120 A.D.2d 763, 765, lv denied 68 N.Y.2d 669). While the sentence imposed exceeded that recommended in the presentence investigation...

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