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People v. Van Florcke

120 Misc. 2d 273 Court Supreme Court, Appellate Term, Second Department, Decision date 1983-04-26 English

Contents

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p. 273
The People of the State of New York, Respondent, v Ann Van Florcke, Appellant.
Supreme Court, Appellate Term, Second Department,
April 26, 1983
APPEARANCES OF COUNSEL
Matthew Muraskin and Michael J. Obus for appellant. Denis Dillon, District Attorney (Herbert Esrick of counsel), for respondent.

OPINION OF THE COURT

Judgment of conviction unanimously reversed, on the law, and matter remanded to the court below for further proceedings.

Although defendant was sentenced to a conditional discharge, she was charged with a violation for which a 15-day period of incarceration is authorized by statute (see Penal Law, § 240.25). Thus, it was incumbent upon the court to advise defendant that, if eligible, she would be entitled to assigned counsel (see CPL 170.10, subd 3, par [c]; County Law, art 18-B, §§ 722, 722-a; see, also, Matter of Davis v Shepard, 92 Misc 2d 181 ).

Farley, P. J., Slifkin and Geiler, JJ., concur.

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