PEOPLE v. SYKES

Ordered that the resentence is vacated and the matter is remitted to the Supreme Court, Kings County, for resentencing upon receipt of an updated presentence report.

In view of the lapse of 2 1/3 years between the date of the original sentencing and the resentencing, the sentencing court should have ordered an updated presentence report even though the defendant had been continuously incarcerated (see, People v Laster, 140 A.D.2d 233; People v Martinez, 118 A.D.2d 661; People v Hayes, 101 A.D.2d 893; People v Cruz, 89 A.D.2d 569). Mollen, P.J., Brown, Spatt and Balletta, JJ., concur.