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People v. Guttierrez

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1989
148 A.D.2d 749 (N.Y. App. Div. 1989)

Opinion

March 27, 1989

Appeal from the Supreme Court, Queens County (Linakis, J.).


Ordered that the sentence is modified, on the law, by providing that the term of imprisonment shall run concurrently with and be a condition of the term of probation; as so modified, the sentence is affirmed.

As the People concede, the sentence imposed was unauthorized and invalid since the term of imprisonment combined with the period of probation may not total more than five years upon a felony conviction (Penal Law § 60.01 [d]; § 65.00 [3] [a] [i]). We have modified the sentence accordingly. Mollen, P.J., Thompson, Bracken and Lawrence, JJ., concur.


Summaries of

People v. Guttierrez

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 1989
148 A.D.2d 749 (N.Y. App. Div. 1989)
Case details for

People v. Guttierrez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODRIGO GUTTIERREZ…

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

Date published: Mar 27, 1989

Citations

148 A.D.2d 749 (N.Y. App. Div. 1989)