Legal Question in Criminal Law in New York
Sentencing hearings
In New York, does a defendant have a right to a hearing over his sentencing - including a right to review the findings of a probation department report?
Asked on 2/13/08, 9:06 pm
1 Answer from Attorneys
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: Sentencing hearings
Absolutely. A defendant's lawyer can and should submit his own presentence report and in his report he should call into question any misrepresentation in the probation report.
He should then move to have the offending paragraphs struck.
If you or your lawyer have any questions about this, you can reach me through the links provided below.
Good luck.
Answered on 2/18/08, 12:41 am
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