Appellate Division of the Supreme Court of New York, 2006

People v. Gambichler

Appellate Division of the Supreme Court of New York · Decided January 24, 2006

25 A.D.3d 722; 807 N.Y.S.2d 310

Cases that cite this one

8 later published cases cite this decision.

People v. Anderson (Appellate Division of the Supreme Court of New York 2012)
People v. Anderson (Appellate Division of the Supreme Court of New York 2012)
People v. Mannina (Appellate Division of the Supreme Court of New York 2011)
People v. Grzywaczewski (Appellate Division of the Supreme Court of New York 2009)
People v. Thompson (Appellate Division of the Supreme Court of New York 2009)
People v. Ruffino (Appellate Division of the Supreme Court of New York 2008)
People v. Rogers (Appellate Division of the Supreme Court of New York 2007)
People v. Ramirez (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by the defendant from an amended judgment of the County Court, Orange County (De Rosa, J.), rendered June 16, 2004, revoking a sentence of probation previously imposed by the same court upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of operating a motor vehicle while under the influence of alcohol.

Ordered that the amended judgment is affirmed.

*723The defendant’s contention that the County Court improvidently exercised its discretion in resentencing him on the violation of probation without obtaining an updated presentence report is not preserved for appellate review because it was not raised before the County Court (see People v Freeman, 2 AD3d 648, 649 [2003]; People v Segar, 295 AD2d 628, 629 [2002]; People v Pierre-Paul, 289 AD2d 262 [2001]; People v Viruet, 288 AD2d 407 [2001]). Cozier, J.P., Santucci, Luciano, Fisher and Covello, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.