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People v. Pabon

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1986
119 A.D.2d 446 (N.Y. App. Div. 1986)

Summary

holding the "sentence of a conditional discharge on condition that defendant never apply for a driver's license during his natural life . . . clearly exceeded the statutory maximum of one year"

Summary of this case from United States v. Alakpa

Opinion

April 1, 1986

Appeal from the Supreme Court, New York County (Hortense W. Gabel, J.).


In imposing a sentence of conditional discharge, a court may subject a defendant to reasonable conditions for the period of conditional discharge (Penal Law § 65.05). The allowable period for a conditional discharge in the case of a misdemeanor, of which defendant was convicted, is one year (Penal Law § 65.05). The court's sentence of a conditional discharge on condition "that [defendant] never apply for a driver's license during his natural life" therefore clearly exceeded the statutory maximum of one year, and we modify accordingly.

We have examined the defendant's remaining contentions and find them to be without merit.

Concur — Sandler, J.P., Asch, Milonas, Ellerin and Wallach, JJ.


Summaries of

People v. Pabon

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 1986
119 A.D.2d 446 (N.Y. App. Div. 1986)

holding the "sentence of a conditional discharge on condition that defendant never apply for a driver's license during his natural life . . . clearly exceeded the statutory maximum of one year"

Summary of this case from United States v. Alakpa

assessing a sentence in which the sole condition was that the defendant could not reapply for a driver's license

Summary of this case from Nowakowski v. People
Case details for

People v. Pabon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS PABON, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 1, 1986

Citations

119 A.D.2d 446 (N.Y. App. Div. 1986)

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