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People v. Bucci

122 A.D.2d 562 Court N.Y. App. Div. Decision date 1986-07-11 Docket Appeal No. 1 English

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p. 562
The People of the State of New York, Appellant, v Michael Bucci, Respondent.
(Appeal No. 1.)

— Sentence unanimously vacated, on the law, and defendant remanded to Supreme Court, Onondaga County, for resentencing. Memorandum: The court erred in sentencing defendant to a period of intermittent incarceration in excess of four months for one crime and, at the same time, sentencing him to a term of probation for another crime (Penal Law § 65.00 [1]; § 60.01 [2] [d]). (Appeal from sentence of Supreme Court, Onondaga County, Gorman, J. — improper sentence.) Present — Doerr, J. P., Denman, Green, Pine and Schnepp, JJ.