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PEOPLE v. SYKES

150 A.D.2d 627 (1989)

The People of the State of New York, Respondent, v. Melvin Sykes, Appellant

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

May 15, 1989

Ordered that the resentence is vacated and the matter is remitted to the Supreme Court, Kings County, for resentencing upon receipt of an updated presentence report.

In view of the lapse of 2 1/3 years between the date of the original sentencing and the resentencing, the sentencing court should have ordered an updated presentence report even though the defendant had been continuously incarcerated (see, People v Laster, 140 A.D.2d 233...

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