People v. Gilyard

Judgment, Supreme Court, New York County (Harold Roth-wax, J.), rendered March 12, 1987, which resentenced defendant on his violation of probation for attempted robbery in the second degree to a term of imprisonment of from 1 to 3 years to run consecutively to an intervening conviction, reversed, on the law, and the matter remanded to the sentencing court to either reimpose the amended sentence by indicating, on the record, that documents prepared for the violation of probation were considered by him initially, or to resentence defendant based upon an updated presentence report.

Although the…