People v. Sibley

New York Court of Appeals

People v. Sibley

613 N.E.2d 960, 81 N.Y.2d 870, 597 N.Y.S.2d 928, 1993 N.Y. LEXIS 732

New York Court of Appeals·Decided March 30, 1993·Published·Cited by 2 cases

Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified by vacating the sentence of probation under Superior Court Information 3/90 and remitting the case to County Court, Dutchess County, for resentencing and, as so modified, affirmed. The initial sentence of probation under Superior Court Information 3/90 was unauthorized (see, People v Cerilli, 80 NY2d 1016).

Concur: Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified by vacating the sentence of probation under Superior Court Information 3/90 and remitting the case to County Court, Dutchess County, for resentencing and, as so modified, affirmed. The initial sentence of probation under Superior Court Information 3/90 was unauthorized (see, People v Cerilli, 80 NY2d 1016).

Concur: Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith.

People v. Sibley, 613 N.E.2d 960, 81 N.Y.2d 870, 597 N.Y.S.2d 928, 1993 N.Y. LEXIS 732 (N.Y. 1993).

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