PEOPLE v. DAVID


102 A.D.2d 551 (1984)

The People of the State of New York, Appellant, v. Sharon David, Also Known as Jeanne Klemann, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 9, 1984


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Anne B. Miele of counsel), for appellant.

William E. Hellerstein (Andrea Hirsch of counsel), for respondent.

TITONE, MANGANO and LAWRENCE, JJ., concur.


MOLLEN, P. J.

On this appeal, we are called upon to determine whether a sentence of lifetime probation may be lawfully imposed pursuant to section 65.00 of the Penal Law in the absence of affirmative evidence that the District Attorney recommended, and the Administrative Judge concurred in, the imposition of that sentence. We hold that, in the absence of such evidence, the court is without power to sentence a criminal defendant to lifetime probation....

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