In People v. Kuey (83 NY2d 278 [1994] the Court of Appeals left the decision whether to obtain an updated report to the sound discretion of the resentencing court, and held that it was unnecessary to order an updated report where the resentencing had been ordered due to a technicality and the reviewing court was in agreement with the sentencing court's evaluation of sentencing criteria; the defendant had been continually incarcerated between the time of the initial sentencing and the resentencing; and the defendant was afforded the opportunity to provide information about his subsequent conduct at the time of the resentence. (Id. at 282-283.)