Opinion
March 1, 1993
Appeal from the Supreme Court, Queens County (Cooperman, J.).
Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County for resentencing in accordance herewith.
Under these circumstances, where the defendant was not continuously confined during the time-period involved, the court erred in resentencing him in the absence of an updated probation report (cf., People v. Kuey, 186 A.D.2d 684). Mangano, P.J., Sullivan, O'Brien, Ritter and Pizzuto, JJ., concur.