People v. Greene

Decision Date14 November 1994
Citation209 A.D.2d 541,619 N.Y.S.2d 74
PartiesThe PEOPLE, etc., Respondent, v. Anthony GREENE, Appellant.
CourtNew York Supreme Court — Appellate Division

Cristina D'Amato-Arvoy, White Plains, for appellant.

Jeanine Pirro, Dist. Atty., White Plains (John B. Cherico and Richard Longworth Hecht, of counsel), for respondent.

Before THOMPSON, J.P., and MILLER, O'BRIEN, SANTUCCI and JOY, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the County Court, Westchester County (La Cava, J.), rendered November 9, 1993, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

We reject the defendant's contention that the court erred in sentencing him without the benefit of a complete updated pre-sentence report. Since the pre-sentence report indicates that the defendant refused to be interviewed by the probation department, he cannot complain that the pre-sentence report is incomplete (see, People v. Marin, 157 A.D.2d 804, 550 N.Y.S.2d 407; People v. Morales, 127 A.D.2d 797, 512 N.Y.S.2d 194; People v. Scales, 121 A.D.2d 578, 503 N.Y.S.2d 629). In addition, even if the defendant's allegation that he did not refuse to be interviewed is true, the record clearly indicates that the court afforded the defendant an opportunity at sentencing to make any statement he wished which would become part of the pre-sentence...

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9 cases
  • People v. Ousmane
    • United States
    • New York Supreme Court — Appellate Division
    • 13 May 2020
    ...to do so. Accordingly, having failed to take advantage of this opportunity, the defendant waived his objection (see People v. Greene, 209 A.D.2d 541, 542, 619 N.Y.S.2d 74 ).The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).The defendant's content......
  • People v. English
    • United States
    • New York Supreme Court — Appellate Division
    • 30 May 1995
    ...326 N.E.2d 787). The defendant's contention that the probation report was incomplete is without merit (see, People v. Greene, 209 A.D.2d 541, 619 N.Y.S.2d 74 [2d Dept., Nov. 14, 1994]; People v. Marin, 157 A.D.2d 804, 550 N.Y.S.2d 407). Moreover, the sentence imposed was not excessive (see,......
  • People v. Davila
    • United States
    • New York Supreme Court — Appellate Division
    • 3 April 1997
    ...objection regarding the presentence report before Supreme Court, he has waived his right to raise it on appeal (see, People v. Greene, 209 A.D.2d 541, 542, 619 N.Y.S.2d 74, lv denied 85 N.Y.2d 909, 627 N.Y.S.2d 332, 650 N.E.2d 1334; People v. Moquette, 200 A.D.2d 854, 606 N.Y.S.2d 820, lv d......
  • People v. Hemingway
    • United States
    • New York Supreme Court — Appellate Division
    • 22 December 1995
    ...555 N.Y.S.2d 737). Further, defendant declined the opportunity afforded him at sentencing to make a statement (see, People v. Greene, 209 A.D.2d 541, 542, 619 N.Y.S.2d 74, lv. denied 85 N.Y.2d 909, 627 N.Y.S.2d 332, 650 N.E.2d 1334). In addition, he did not request that the presentence repo......
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