Opinion
June 9, 1995
Appeal from the Onondaga County Court, Mulroy, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Following the admission by defendant that he violated several terms and conditions of his probation, County Court revoked defendant's probation and imposed a sentence of 2 to 6 years' imprisonment without first ordering an updated presentence investigation report. Although CPL 390.20 (1) requires a presentence investigation report when a sentence is imposed upon a felony conviction, where, as here, the court is fully familiar with any changes in defendant's status, conduct or condition since the original report was prepared, an updated report is not required (see, People v. Shattuck, 214 A.D.2d 1026; People v. Brand, 138 A.D.2d 966, 967, lv denied 71 N.Y.2d 966).
Lastly, we reject the contention of defendant that the sentence is harsh and excessive. There has been no demonstration that the court abused its discretion (see, People v. Farrar, 52 N.Y.2d 302, 305) or that extraordinary circumstances exist warranting a reduction of the sentence (see, People v. Wright, 214 A.D.2d 759).