New York Court of Appeals

The People of the State of New York, Respondent v. George Kuey, Appellant

March 22, 199483 N.Y.2d 278

Summary

The Court affirmed the Appellate Division, holding that an updated presentence report is discretionary, not mandatory, at resentencing, and that a Florida youthful‑offender conviction may be used as a predicate felony for a second‑felony‑offender sentence because New York and Florida statutory schemes differ.