People v. Navarro
| Decision Date | 06 December 1982 |
| Parties | The PEOPLE, etc., Respondent, v. Octavio NAVARRO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
J. Mitchell Rosenberg, Brooklyn, for appellant. Elizabeth Holtzman, Dist. Atty., Brooklyn (Nikki Kowalski, Barbara D. Underwood and Michael Yoeli, Asst. Dist. Attys., Brooklyn, of counsel), for respondent.
Appeal by defendant from a resentence of the Supreme Court, Kings County (Ryan, J.), imposed November 7, 1979, pursuant to section 60.09 of the Penal Law, which reduced defendant's sentence for criminal sale of a controlled substance in the third degree from an indeterminate term of imprisonment of 4 years to life to an indeterminate term of imprisonment of 4 to 12 years. Resentence affirmed. Upon resentence, defendant received the minimum sentence the court was authorized to impose pursuant to section 60.09 (subd. b, pars. [i], [iii] ) of the Penal Law. Although the court did not obtain an up-to-date presentence report before imposing the resentence, no injustice accrued to defendant as a result of its absence (cf. People v. Cruz, 89 A.D.2d 569, 451 N.Y.S.2d 1001). Accordingly, we affirm the resentence.
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