People v. O'Dell

Appeal from a judgment of the County Court of Columbia County (Zittell, J.), rendered December 13,1983, which resentenced defendant following his conviction of the crime of operating a motor vehicle while under the influence of alcohol, as a felony.

After defendant’s motion to set aside his sentence was granted by County Court, it was mandatory that defendant be resentenced in accordance with the law (CPL 440.20, subd 4). The law requires that before sentence can be pronounced for a felony conviction, such as defendant’s, a written presentence report must be received by the court (CPL 390.20,…