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People v. Rice

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1986
125 A.D.2d 611 (N.Y. App. Div. 1986)

Opinion

December 22, 1986

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the amended sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Richmond County, for resentencing in accordance herewith.

Following a hearing which resulted in a finding that the defendant had violated the conditions of probation which had previously been imposed upon his conviction of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, the court sentenced the defendant to an indeterminate term of 1 1/3 to 4 years' imprisonment. However, because this amended sentence was imposed in the absence of an updated presentence report, it must be vacated, and the matter remitted to the Supreme Court, Richmond County, for resentencing, upon the submission of an updated report (see, People v. Jackson, 106 A.D.2d 93). Mollen, P.J., Lazer, Thompson and Eiber, JJ., concur.


Summaries of

People v. Rice

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1986
125 A.D.2d 611 (N.Y. App. Div. 1986)
Case details for

People v. Rice

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOUGLAS RICE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 22, 1986

Citations

125 A.D.2d 611 (N.Y. App. Div. 1986)

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