Opinion
October 1, 1993
Appeal from the Onondaga County Court, Mulroy, J.
Present — Denman, P.J., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Following defendant's admission that defendant violated the terms of his probation, County Court properly sentenced him to a term of incarceration without first ordering an updated pre-sentence investigation report. Although an updated report is normally required, the record reveals that, prior to resentencing defendant, County Court received periodic reports, as well as a misconduct report, from the Probation Department. Consequently, County Court was fully familiar with any changes in defendant's status, conduct, or condition since the original report was prepared and an updated pre-sentence report was not required (see, People v. LaLonde, 178 A.D.2d 944, 945; People v. Sanchez, 143 A.D.2d 377, lv denied 73 N.Y.2d 790; People v. Brand, 138 A.D.2d 966, 967, lv denied 71 N.Y.2d 966; People v. Jackson, 106 A.D.2d 93, 98).