PEOPLE v. GARDNER


278 A.D.2d 862 (2000)

717 N.Y.S.2d 438

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW GARDNER, Appellant.

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

Decided December 27, 2000.


Judgment unanimously affirmed.

Memorandum:

County Court did not abuse its discretion in resentencing defendant upon finding that he violated a condition of probation without ordering an updated presentence report. Defendant did not request that the original presentence report prepared less than five months earlier be updated, and the court was familiar with changes in defendant's status since the preparation of that report (see, People v Shattuck, ...

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