People v. Washington

172 A.D.2d 460, 568 N.Y.S.2d 806, 1991 N.Y. App. Div. LEXIS 5178

Opinions

Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 6, 1987, which resentenced defendant to concurrent indeterminate prison terms of from 12 to 24 years and 7 to 14 years, upon his conviction of robbery in the first and second degrees (Penal Law § 160.15 [2]; § 160.10 [1]), is modified, on the law, to vacate the sentence and remand for the preparation of an updated pre-sentence report, in accordance with CPL 390.20 (1), and for resentencing, and otherwise affirmed.

Following a jury trial, defendant was convicted on July 16, 1982, of robbery in the first and second degrees and sentenced, on February 4, 1983, as a persistent violent felony offender, to concurrent indeterminate prison terms of from 12 years to life and 8 years to life, respectively. By decision dated December 23, 1986, this Court held that defendant had been improperly adjudicated a persistent violent felony offender, and accordingly vacated the sentence and remanded for resentencing. (People v Washington, 125 AD2d 254.)

On March 6, 1987, the trial court imposed sentence without benefit of an updated pre-sentence report. As conceded by the People, this was error requiring vacatur of the sentence and remand for re-sentence. (CPL 390.20 [1]; People v Selikoff, 35 NY2d 227, 238; People v Laster, 140 AD2d 233; People v Ruiz, 157 AD2d 525.)

In light of this determination, we do not reach defendant’s remaining argument on appeal. Concur—Sullivan, J. P., Rosenberger, Asch and Kassal, JJ.