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PEOPLE v. DAVID

65 N.Y.2d 809 (1985)

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

Court of Appeals of the State of New York.

Decided June 28, 1985.

Attorney(s) appearing for the Case

Andrea G. Hirsch and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (Ann B. Miele of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and BOOMER concur; Judge TITONE taking no part.

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 Fuller,

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