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PEOPLE v. RODRIGUEZ

3415/15, 6896.

162 A.D.3d 513 (2018)

74 N.Y.S.3d 856

2018 NY Slip Op 04444

The People of the State of New York, Respondent, v. Jonathan Rodriguez, Appellant.

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

Decided June 14, 2018.

Defendant was sentenced in accordance with CPL 390.20 (1), which requires a presentence report. When viewed in light of the presumption of regularity, the record, including the presentence report itself and the sentence and commitment sheet, supports the conclusion that the court received the report before it pronounced sentence (see People v Nazario, 253 A.D.2d 726 [1st Dept 1998]).

By asking the court to convert his mandatory...

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