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People v. Ange

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 957 (N.Y. App. Div. 1997)

Opinion

May 30, 1997

Present — Pine, J.P., Lawton, Callahan, Doerr and Balio, JJ.


Judgment unanimously modified on the law and as modified affirmed and matter remitted to Genesee County Court for resentencing in accordance with the following Memorandum: Defendant entered a plea of guilty to criminal possession of a weapon in the third degree in exchange for a sentence of no more than six months of shock incarceration and five years of probation. Following a mitigation hearing, defendant requested the imposition of 180 days of electronic monitoring as a condition of probation in lieu of shock incarceration. County Court agreed. On appeal, defendant contends that the imposition of electronic monitoring as a condition of probation was illegal. At the time of sentencing, the Penal Law did not authorize electronic monitoring as a condition of probation ( see, People v. McNair, 87 N.Y.2d 772; People v. Soltis, 229 A.D.2d 991). Consequently, we modify the judgment by vacating the sentence, and we remit the matter to Genesee County Court for resentencing. (Appeal from Judgment of Genesee County Court, Morton, J. — Criminal Possession Weapon, 3rd Degree.)


Summaries of

People v. Ange

Appellate Division of the Supreme Court of New York, Fourth Department
May 30, 1997
239 A.D.2d 957 (N.Y. App. Div. 1997)
Case details for

People v. Ange

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALE P. ANGE, Appellant

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

Date published: May 30, 1997

Citations

239 A.D.2d 957 (N.Y. App. Div. 1997)
661 N.Y.S.2d 814

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