People v. Laster

On defendant’s previous appeal from this robbery conviction, we had determined that defendant was improperly sentenced as a persistent violent felony offender, and remanded for resentencing as a second violent felony offender. (118 AD2d 509.)

When defendant appeared for resentencing on April 10, 1986, the trial court had before it only the original presentence report prepared over two years earlier, in 1984, and an even earlier 1978 presentence report.

CPL 390.20 (1) mandates that the sentencing court must order a presentence investigation of the defendant and that it may not pronounce sentence…