People v. Sykes

150 A.D.2d 627, 541 N.Y.S.2d 496, 1989 N.Y. App. Div. LEXIS 6859
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 15, 1989
StatusPublished
Cited by1 cases

This text of 150 A.D.2d 627 (People v. Sykes) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Sykes, 150 A.D.2d 627, 541 N.Y.S.2d 496, 1989 N.Y. App. Div. LEXIS 6859 (N.Y. Ct. App. 1989).

Opinion

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Goldstein, J.), imposed June 6, 1985, on remand from this court (110 AD2d 918).

Ordered that the resentence is vacated and the matter is remitted to the Supreme Court, Kings County, for resentencing upon receipt of an updated presentence report.

In view of the lapse of 2 Vs years between the date of the original sentencing and the resentencing, the sentencing court should have ordered an updated presentence report even though the defendant had been continuously incarcerated (see, People v Laster, 140 AD2d 233; People v Martinez, 118 AD2d 661; People v Hayes, 101 AD2d 893; People v Cruz, 89 AD2d 569). Mollen, P. J., Brown, Spatt and Balletta, JJ., concur.

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Related

People v. Kuey
186 A.D.2d 684 (Appellate Division of the Supreme Court of New York, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
150 A.D.2d 627, 541 N.Y.S.2d 496, 1989 N.Y. App. Div. LEXIS 6859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sykes-nyappdiv-1989.