PEOPLE v. GUTTIERREZ


148 A.D.2d 749 (1989)

The People of the State of New York, Respondent, v. Rodrigo Guttierrez, Appellant

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

March 27, 1989


Ordered that the sentence is modified, on the law, by providing that the term of imprisonment shall run concurrently with and be a condition of the term of probation; as so modified, the sentence is affirmed.

As the People concede, the sentence imposed was unauthorized and invalid since the term of imprisonment combined with the period of probation may not total more than five years upon a felony conviction (Penal Law § 60.01 [2] [d]; § 65.00 [3] [a] [i...

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