Opinion
04-20-2016
The PEOPLE, etc., respondent, v. Edwin A. REYES, appellant.
Mark Diamond, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Mark Diamond, New York, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Camacho, J.), rendered July 9, 2014, convicting him of robbery in the third degree, upon his plea of guilty, and imposing sentence.
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 County Court, Suffolk County, for resentencing in accordance herewith.
As the People correctly concede, the County Court improperly sentenced the defendant without first obtaining a presentence report (see CPL 390.20[1] ; People v. O'Dell, 105 A.D.2d 987, 987, 482 N.Y.S.2d 134 ). Contrary to the People's contention, the circumstances of this case do not render resentencing unnecessary (see People v. O'Dell, 105 A.D.2d at 987, 482 N.Y.S.2d 134 ).
The defendant's remaining contention is unpreserved for appellate review (see People v. Deal, 115 A.D.3d 975, 976, 982 N.Y.S.2d 388 ) and, in any event, without merit (see People v. Nieves, 2 N.Y.3d 310, 316, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Margillo, 69 A.D.3d 655, 656, 893 N.Y.S.2d 170 ).
BALKIN, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.