People v. Sibley

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SIBLEY, Appellant

Court: Court of Appeals of the State of New York

Date published: Mar 30, 1993

613 N.E.2d 960 (N.Y. 1993)

613 N.E.2d 960

597 N.Y.S.2d 928

Opinion

Decided March 30, 1993

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, John R. King, J.

Feldman Feldman, Hauppauge (Steven A. Feldman of counsel), for appellant. William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Bridget Rahilly Steller of counsel), for respondent.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 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 N.Y.2d 1016).

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH.