After defendant's motion to set aside his sentence was granted by County Court, it was mandatory that defendant be resentenced in accordance with the law (CPL 440.20, subd 4). The law requires that before sentence can be pronounced for a felony conviction, such as defendant's, a written presentence report must be received by the court (CPL 390.20, subd 1). Thus, before defendant could be resentenced, it was necessary for County Court to receive such a report. Over a year...
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