Opinion
March 2, 1990
Appeal from the Supreme Court, Queens County (Browne, J.).
Ordered that the resentence is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for further resentencing in accordance herewith.
As conceded by the People, the defendant is entitled to be resentenced because the sentencing court failed to secure an updated presentence report before resentencing the defendant (see, People v Hayes, 101 A.D.2d 893; see also, People v Sanchez, 143 A.D.2d 377). Mollen, P.J., Lawrence, Rubin and Kooper, JJ., concur.