PEOPLE v. GILYARD

Although the court should review an updated presentence report before resentencing a defendant on a violation of probation, documents which inform the court of all relevant changes in the defendant's status may substitute as the "`functional equivalent'" of a presentence report (People v. Sanchez, 143 A.D.2d 377, 378, lv denied 73 N.Y.2d 790; People v. Jackson, 106 A.D.2d 93). Only a few months before defendant was sentenced on his violation of probation, the Probation Department prepared a violation of probation report and attached a memorandum including relevant information on defendant's status. Since the record does not unequivocally establish that these items were presented to and considered by the resentencing court, they cannot substitute as the "`functional equivalent'" of an updated presentence report (People v. Sanchez, supra, at 378; People v. Jackson, supra).

Concur — Carro, Milonas, Kassal and Ellerin, JJ.

Kupferman, J.P., dissents in a memorandum as follows:

Once again, an unjustified burden is placed on the criminal justice system. (Cf., People v. Laster, 140 A.D.2d 233 [dissent].)

All of the necessary information was before the sentencing court, and there is no need to impose an additional procedure.