Opinion
March 16, 1984
Appeal by defendant, as limited by his motion, from so much of a sentence of the Supreme Court, Queens County (Groh, J.), imposed October 29, 1983, as sentenced him to a term of six months' intermittent imprisonment to be served on weekends as a condition of a term of five years' probation. ¶ Sentence modified, on the law, by reducing the term of six months' intermittent imprisonment to one of four months' intermittent imprisonment. As so modified, sentence affirmed insofar as appealed from. ¶ The imposition of a term of six months' intermittent imprisonment was illegal (Penal Law, § 60.01, subd 2, par [d]). As reduced to the maximum lawful intermittent term, the incarceration of defendant as a condition of his probation is not excessive under the circumstances of this case. Mollen, P.J., Thompson, Rubin and Lawrence, JJ., concur.