Opinion
June 24, 1997
Appeal from Supreme Court, Bronx County (Robert Cohen, J.).
Upon the existing record, we find no reasonable possibility that defendant's New York County guilty plea was induced by any misleading information he may have received concerning the post-plea appealability of the statutory aspect of his speedy trial claim ( see, People v. Mackenzie, 233 A.D.2d 101, lv denied 89 N.Y.2d 944; People v. Rivers, 228 A.D.2d 291, lv denied 88 N.Y.2d 993). In any event, upon a review of the record, we find that defendant's speedy trial claims, both statutory and constitutional, are entirely without merit.
Although defendant waived preparation of a New York County presentence report and agreed to rely on the Bronx County report that had been prepared within the preceding 12 months, the sentencing court did not have the Bronx report before it ( see, People v. Gordon, 155 A.D.2d 225). Thus, defendant's New York County sentence must be vacated and the case remanded for resentencing.
We perceive no abuse of sentencing discretion with respect to the Bronx County conviction. We have considered defendant's remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Williams and Tom, JJ.