Opinion
January 16, 1990
Appeal from the Supreme Court, Bronx County (Robert Seewald, J.).
This case was remanded to Supreme Court for resentencing following our modification of the September 29, 1986 judgment which convicted defendant, following a jury trial, of first degree burglary, to the extent of reducing the conviction to second degree burglary. (People v. Ruiz, 136 A.D.2d 493.) At the resentencing proceeding conducted April 7, 1988, the court had before it only the original presentence report, prepared nearly two years earlier, in August 1986. As the People concede, this was error, because CPL 390.20 (1) mandates that the sentencing court must order a presentence investigation of the defendant and may not pronounce sentence until it receives a written report of the investigation; the presentence report herein did not contain current, updated information pertinent to the imposition of a proper sentence (People v Laster, 140 A.D.2d 233).
Accordingly, we vacate the sentence and remand for the preparation of an updated presentence report and resentencing.
Concur — Carro, Asch, Kassal and Smith, JJ.
Kupferman, J.P., concurs on constraint of People v. Laster ( 140 A.D.2d 233).