PEOPLE v. McFADDEN


6 A.D.3d 461 (2004)

773 N.Y.S.2d 884

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD McFADDEN, Appellant.

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

April 5, 2004.


Ordered that the amended sentence is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in declining to order an updated presentence report, as the defendant was incarcerated since the initial sentence and was afforded an opportunity to provide the County Court with additional information relevant to the sentencing (see People v Kuey, 83 N.Y.2d 278...

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