People v. Breaux

*262Judgment, Supreme Court, New York County (Philip M. Grella, J.), rendered November 3, 2004, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 8V2 to 17 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding for resentencing in compliance with CPL 390.20 (1), and otherwise affirmed.

On the date of sentencing, defense counsel objected to the adequacy of the presentence report. Pages three and four of that document, which are entitled the…