This is a motion by the defendant to set aside a sentence.
On June 14, 1968 defendant was sentenced by Judge, now Mr. Justice, OPPIDO to a period of probation for five years. The court indicated that the defendant was being placed on probation because a Federal sentence of six years was pending.
The first point raised by the defendant is that subdivision 1 of section 65.00 of the Penal Law proscribes a sentence of probation...
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