Opinion
March 4, 1988
Appeal from the Supreme Court, Monroe County, Boomer, J.
Present — Dillon, P.J., Callahan, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: A defendant convicted of a felony may not be sentenced until the court has ordered a presentence investigation and received a written report on that investigation (CPL 390.20). Although CPL 390.20 does not expressly provide procedures to be followed upon the revocation of a sentence of probation where the underlying conviction is a felony (see, People v. Goon, 124 A.D.2d 347, 348, lv denied 69 N.Y.2d 711; People v. Halaby, 77 A.D.2d 717, 718 [Kane, J., concurring]), it has been held that a presentence report is required in such circumstances (see, e.g., People v Bellis, 115 A.D.2d 237; People v. Jackson, 106 A.D.2d 93; People v Stanton, 96 A.D.2d 652). A report is not required, however, where the court is "fully familiar with any changes in defendant's status, conduct or condition which may have occurred * * * since the previous sentence of probation was imposed" (People v Tyrrell, 101 A.D.2d 946, 947; see, People v. Goon, supra; People v Jackson, supra; see also, People v. Halaby, supra).
Here, following a probation violation hearing, the court revoked defendant's lifetime probation and imposed a sentence of one-year-to-life imprisonment without first obtaining an updated presentence report. The record demonstrates, however, that the court was sufficiently apprised of the factors relevant to defendant's background and status before the imposition of sentence. The violation hearing testimony and documents received by the court prior to sentencing provided the relevant background material and obviated the need for an updated presentence report. In any event, when the court stated that a presentence report would be prepared, defendant requested immediate resentencing, thus knowingly waiving any right to the report (see, People ex rel. Seaman v. Warden, 53 A.D.2d 848).