PEOPLE v. WEISS


159 A.D.2d 475 (1990)

The People of the State of New York, Respondent, v. Dennis Weiss, Appellant

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

March 2, 1990


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...

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