Opinion
July 12, 1989
Appeal from the Wyoming County Court, Dadd, J.
Present — Denman, J.P., Boomer, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The trial court did not abuse its discretion in sentencing defendant without the benefit of an updated presentence investigation. The original presentence report had been prepared for defendant's sentencing on his first plea on March 24, 1987. That plea was withdrawn and a second plea was entered. Defendant was sentenced on the second plea on July 14, 1987 and his attorney consented to the use of the original presentence report. Defendant had been continuously incarcerated and the court was fully familiar with his status (see, People v Brand, 138 A.D.2d 966, lv denied 71 N.Y.2d 966; People v Tyrrell, 101 A.D.2d 946, 947). We have considered the claims raised by defendant in his pro se brief and find each one lacking in merit.