Opinion
September 8, 1997
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the sentence is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
The defendant is "entitled to `an opportunity to be represented by counsel sufficiently familiar with the case and the defendant's background to make an effective presentation on the question of sentence'" ( People v. Edmond, 84 A.D.2d 938, quoting People v. Gonzalez, 43 A.D.2d 914, 915; Gadsden v. United States, 223 F.2d 627). Because the defendant did not have this opportunity in the first instance, we remit for resentencing ( see also, CPL 390.50 [a]; People v. Harris, 229 A.D.2d 595; People v. Stella, 188 A.D.2d 318; People v. Graham, 169 A.D.2d 512; United States ex rel. Condon v. McMann, 417 F.2d 664; cf., People v. Worley, 92 A.D.2d 923).
Mangano, P.J., Bracken, O'Brien, Pizzuto and Florio, JJ., concur.