People v. Darcella D.
This text of 146 A.D.2d 465 (People v. Darcella D.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered October 28, 1987, which convicted defendant of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the fourth degree, adjudicated her a youthful offender, and sentenced her to a sentence of intermittent imprisonment of six months, to be served on weekends, and 4 Vi years’ probation, unanimously modified, on the law, to reduce the period of intermittent imprisonment to a term of four months, and otherwise affirmed.
The sentence imposed was illegal. Penal Law § 60.01 (2) (d) requires that when a sentence of intermittent imprisonment and probation is imposed, the period of intermittent imprisonment may not exceed four months. Therefore, that portion of the sentence which imposed six months’ intermittent imprisonment was impermissible, and we modify the sentence accordingly. Concur — Kupferman, J. P., Sullivan, Milonas and Ellerin, JJ.
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Cite This Page — Counsel Stack
146 A.D.2d 465, 536 N.Y.S.2d 75, 1989 N.Y. App. Div. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-darcella-d-nyappdiv-1989.