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People v. Ruiz

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1990
157 A.D.2d 525 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

Appeal from the Supreme Court, Bronx County (Robert Seewald, J.).


This case was remanded to Supreme Court for resentencing following our modification of the September 29, 1986 judgment which convicted defendant, following a jury trial, of first degree burglary, to the extent of reducing the conviction to second degree burglary. (People v. Ruiz, 136 A.D.2d 493.) At the resentencing proceeding conducted April 7, 1988, the court had before it only the original presentence report, prepared nearly two years earlier, in August 1986. As the People concede, this was error, because CPL 390.20 (1) mandates that the sentencing court must order a presentence investigation of the defendant and may not pronounce sentence until it receives a written report of the investigation; the presentence report herein did not contain current, updated information pertinent to the imposition of a proper sentence (People v Laster, 140 A.D.2d 233).

Accordingly, we vacate the sentence and remand for the preparation of an updated presentence report and resentencing.

Concur — Carro, Asch, Kassal and Smith, JJ.

Kupferman, J.P., concurs on constraint of People v. Laster ( 140 A.D.2d 233).


Summaries of

People v. Ruiz

Appellate Division of the Supreme Court of New York, First Department
Jan 16, 1990
157 A.D.2d 525 (N.Y. App. Div. 1990)
Case details for

People v. Ruiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMELO RUIZ, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 16, 1990

Citations

157 A.D.2d 525 (N.Y. App. Div. 1990)

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