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People v. David

65 N.Y. 809 Court N.Y. Decision date 1985-06-28 English

Contents

Majority

p. 809
The People of the State of New York, Respondent, v Sharon David, Also Known as Jeanne Klemann, Appellant.
Argued May 31, 1985;
decided June 28, 1985
p. 810
APPEARANCES OF COUNSEL
Andrea G. Hirsch and William E. Hellerstein for appellant.
John J. Santucci, District Attorney (Ann B. Miele of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The sentencing court exceeded its power in sentencing the defendant to lifetime probation because the prerequisites mandated by the Legislature were not met (Penal Law § 65.00 [1] [b]). Hence, the sentence was illegal and therefore reviewable despite the District Attorney’s failure to object (see, People v

p. 811
Fuller, 57 NY2d 152 , 156-157, n 3; People v Drummond, 40 NY2d 990 , 992, cert denied sub nom. New York v Luis J., 431 US 908 ).

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Boomer[1] concur; Judge Titone taking no part.

Order affirmed in a memorandum.

* Designated pursuant to NY Constitution, article VI, § 2.

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