People v. Fitzpatrick

— Judgment of the County Court, Nassau County, rendered January 22, 1969, modified, on the law, by striking therefrom the condition attached to the sentence of unconditional discharge. As so modified, judgment affirmed. The findings of fact below are affirmed. A sentence of discharge must be either conditional or unconditional; it may not, in our opinion, be both at the same time (cf. Penal Law, §§ 65.05, 65.20). Beldock, P. J., Christ, Munder, Martuseello and Kleinfeld, JJ., concur.