PEOPLE v. PERRY (2000)

We reject the contention of defendant that County Court erred in sentencing him upon a violation of probation without first ordering an updated presentence investigation report.   The court revoked defendant's probation and imposed a term of incarceration of 1 to 3 years following the admission by defendant that he was convicted of two crimes in Clinton County while serving his term of probation.  “Although CPL 390.20(1) requires a presentence investigation report when a sentence is imposed upon a felony conviction, where, as here, the court is fully familiar with any changes in defendant's status, conduct or condition since the original report was prepared, an updated report is not required” (People v. Reaves, 216 A.D.2d 945, 629 N.Y.S.2d 350, lv. denied 86 N.Y.2d 801, 632 N.Y.S.2d 514, 656 N.E.2d 613).   Moreover, defendant did not request an updated report (see, People v. Shattuck, 214 A.D.2d 1026, 626 N.Y.S.2d 602, lv. denied 86 N.Y.2d 740, 631 N.Y.S.2d 621, 655 N.E.2d 718).   The sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM: