Appellate Division of the Supreme Court of New York, 1986

People v. Bucci

People v. Bucci
Appellate Division of the Supreme Court of New York · Decided July 11, 1986
122 A.D.2d 562
People v. Bucci

Opinion of the Court

— Sentence unanimously vacated, on the law, and defendant remanded to Supreme Court, Onondaga County, for resentencing. Memorandum: The court erred in sentencing defendant to a period of intermittent incarceration in excess of four months for one crime and, at the same time, sentencing him to a term of probation for another crime (Penal Law § 65.00 [1]; § 60.01 [2] [d]). (Appeal from sentence of Supreme Court, Onondaga County, Gorman, J. — improper sentence.) Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.

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