Opinion
May 3, 1993
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the purported appeals from the two judgments both rendered July 14, 1988, are dismissed, as no notices of appeal have been filed with respect thereto; and it is further,
Ordered that the two amended judgments rendered June 16, 1992, are modified, on the law, by deleting the provision that the sentences imposed are to run consecutively and substituting therefor a provision that the sentences are to run concurrently to each other; as so modified, the amended judgments are affirmed.
The defendant's contention that the court improperly resentenced him on the violations of probation because it lacked an updated presentence report is unpreserved for appellate review (see, CPL 470.05; People v Callahan, 80 N.Y.2d 273, 281).
However, in imposing consecutive sentences of 1 1/3 to 4 years after a youthful offender adjudication, the court exceeded its authority (see, People v Vincent Z., 82 A.D.2d 165; People v Green, 75 A.D.2d 625; People v Matthew John G., 60 A.D.2d 919), and the sentences are modified accordingly. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.