People v. Price

Upon his plea of guilty to the crimes of criminal sexual act in the first degree and conspiracy in the fourth degree, defendant was sentenced to concurrent prison sentences of six years with five years of postrelease supervision, and U/s to 4 years, respectively. He moved pursuant to CPL article 440 for, among other things, resentencing based upon County Court’s (Bruhn, J.) *889failure to order a presenten.ee investigation report. The motion was granted to that extent, and defendant requested at the resentencing hearing that he be sentenced as a youthful offender. County Court (McGinty, J.)…