PEOPLE v. GARDNER (2000)

County Court did not abuse its discretion in resentencing defendant upon finding that he violated a condition of probation without ordering an updated presentence report.   Defendant did not request that the original presentence report prepared less than five months earlier be updated, and the court was familiar with changes in defendant's status since the preparation of that 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;  see also, People v. Travers, 234 A.D.2d 808, 809, 652 N.Y.S.2d 121).   The sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM: