PEOPLE v. MARTINEZ


118 A.D.2d 661 (1986)

The People of the State of New York, Respondent, v. Juan Martinez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 10, 1986


Judgment modified, on the law, by vacating the sentence imposed, and matter remitted to the Supreme Court, Kings County, for resentencing in accordance herewith. As so modified, judgment affirmed.

At the time of sentencing the court utilized a presentence report which had been prepared 18 months earlier in connection with sentencing on an unrelated conviction. It was error for the court not to order and utilize an updated report at the time of imposing sentence in...

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