PEOPLE v. STUART


138 A.D.2d 425 (1988)

The People of the State of New York, Respondent, v. Perry Stuart, Appellant

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

March 7, 1988


Ordered that the resentence is modified, on the law and as a matter of discretion in the interest of justice, by reducing the length of community service to 400 hours to be performed within a period of one year; as so modified, the resentence is affirmed.

Pursuant to Penal Law § 65.10 (2) (h), a court is vested with the discretionary power to require as a condition of probation or conditional discharge that the defendant "[p]erform services for a public or not...

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