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8 Feb 2009, 2:08 pm
In People v Shapard (2009 NY Slip Op 00903 [4th Dept 2/6/09]) the Court held that a defendant may not waive his right to a presentence report prior to the imposition of a sentence of imprisonment.We agree with defendant that his waiver of the presentence report should not have been given effect pursuant to CPL 390.20 (4) (a). [read post]
