People v. Greene
Decision Date | 14 November 1994 |
Citation | 209 A.D.2d 541,619 N.Y.S.2d 74 |
Parties | The PEOPLE, etc., Respondent, v. Anthony GREENE, Appellant. |
Court | New 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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