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PEOPLE v. D.

146 A.D.2d 465 (1989)

The People of the State of New York, Respondent, v. Darcella D., Appellant

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

January 5, 1989

The sentence imposed was illegal. Penal Law § 60.01 (2) (d) requires that when a sentence of intermittent imprisonment and probation is imposed, the period of intermittent imprisonment may not exceed four months. Therefore, that portion of the sentence which imposed six months' intermittent imprisonment was impermissible, and we modify the sentence...

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