From Casetext: Smarter Legal Research

People v. Goolsby

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1989
153 A.D.2d 759 (N.Y. App. Div. 1989)

Opinion

August 28, 1989

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the sentences are vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing following the preparation of an updated presentence report.

The sole argument advanced by the defendant on this appeal is that the Supreme Court improperly imposed sentence without the benefit of an updated presentence report. We agree with the defendant that the presentence report relied on by the sentencing court, which was in substance the same as a probation report which had been prepared in 1980, was outdated, and that the matter must therefore be remitted for the preparation of an updated report and for resentencing (see, People v. Laster, 140 A.D.2d 233; People v. Saez, 121 A.D.2d 947). Mollen, P.J., Bracken, Brown and Spatt, JJ., concur.


Summaries of

People v. Goolsby

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1989
153 A.D.2d 759 (N.Y. App. Div. 1989)
Case details for

People v. Goolsby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GOOLSBY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 28, 1989

Citations

153 A.D.2d 759 (N.Y. App. Div. 1989)
545 N.Y.S.2d 43

Citing Cases

People v. Garcia

Moreover, although this issue is unpreserved for appellate review, the updated presentence investigation…

People v. Garcia

Moreover, although this issue is unpreserved for appellate review, the updated presentence investigation…