Opinion
December 16, 1985
Appeal from the County Court, Suffolk County (Rohl, J.).
Amended judgment modified, as a matter of discretion in the interest of justice, by vacating the sentence imposed thereon. As so modified, amended judgment affirmed and matter remitted to the County Court, Suffolk County, for resentencing in accordance herewith.
The sentencing court should have secured an updated presentence report before resentencing defendant (see, People v Jackson, 106 A.D.2d 93; People v Hayes, 101 A.D.2d 893; People v Cruz, 89 A.D.2d 569). Accordingly, a remittance for the purpose of obtaining an updated presentence report and for resentencing is necessary. We have considered defendants other contentions and find them to be without merit. Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.