PEOPLE v. BREAUX


24 A.D.3d 261 (2005)

808 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE BREAUX, Appellant.

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

December 22, 2005.


On the date of sentencing, defense counsel objected to the adequacy of the presentence report. Pages three and four of that document, which are entitled the "Social History Summary," were not completed. At the top of each of these pages, there is a notation that the Department of Correction failed to produce defendant for an interview on September 24, 2004 and September 29, 2004.

At sentencing, defense counsel asserted that defendant was produced, but not interviewed...

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