Appellate Division of the Supreme Court of New York, 1993

People v. Mack

People v. Mack
Appellate Division of the Supreme Court of New York · Decided June 10, 1993
194 A.D.2d 384; 599 N.Y.S.2d 1025; 1993 N.Y. App. Div. LEXIS 5922
People v. Mack

Opinion of the Court

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered January 29, 1987, convicting defendant, upon his plea of guilty, of robbery in the second degree, and sentencing him to a term of IV2 to 4ti years, unanimously reversed, on the law, the sentence vacated, and the matter remanded for resentencing.

The defendant contends, the People concede, and we agree that where, as here, a court placed a defendant on interim supervision prior to sentencing, the sentence must be vacated and the matter remanded for resentencing (People v Rodney E., 77 NY2d 672). Concur—Rosenberger, J. P., Wallach, Ross, Kassal and Nardelli, JJ.

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