Opinion
December 22, 1995
Appeal from the Erie County Court, Drury, J.
Present — Green, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Following the admission by defendant that he violated three conditions of his probation, County Court revoked defendant's probation and imposed a sentence of 1 2/3 to 5 years' imprisonment without first ordering an updated presentence investigation report. Although CPL 390.20 (1) requires a presentence investigation report when a sentence is imposed upon a felony conviction, where, as here, the court is fully familiar with any changes in defendant's status, conduct or condition since the original report was prepared, an updated report is not required (see, People v. Hemingway, 222 A.D.2d 1102 [decided herewith]; People v. Reaves, 216 A.D.2d 945, lv denied 86 N.Y.2d 801; People v. Shattuck, 214 A.D.2d 1026, lv denied 86 N.Y.2d 740; People v. Brand, 138 A.D.2d 966, 967, lv denied 71 N.Y.2d 966). We find no abuse of discretion in the court's determination not to order an updated presentence investigation report (see, People v. Kuey, 83 N.Y.2d 278).
Lastly, we conclude that the sentence is neither unduly harsh nor severe.