Opinion
January 19, 1979
Appeal from the Genesee County Court.
Present — Moule, J.P., Dillon, Hancock, Jr., Schnepp and Witmer, JJ.
Judgment unanimously modified, on the law, to nullify that condition of defendant's sentence of probation which requires voluntary service at the Genesee County Nursing Home and Domiciliary (see People v. Mandell, 50 A.D.2d 907), and otherwise judgment affirmed. (See L 1978, ch 500, § 1, eff July 20, 1978, adding par [f-1] to Penal Law, § 65.10, subd 2, permitting such a condition of probation for convicted misdemeanants who consent to the amount and conditions of the prescribed voluntary service.)