New York Court of Appeals, 1993

People v. Sibley

People v. Sibley
New York Court of Appeals · Decided March 30, 1993
81 N.Y.2d 870; 597 N.Y.S.2d 928; 613 N.E.2d 960; 1993 N.Y. LEXIS 732

People v. Sibley

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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