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PEOPLE v. COHEN

222 A.D.2d 447 (1995)

635 N.Y.S.2d 38

The People of the State of New York, Appellant, v. Bryan Cohen, Respondent

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

December 4, 1995

Ordered that the appeal is dismissed.

Penal Law § 60.01 (2) (d) expressly states, in relevant part, that a sentencing court may impose a sentence of imprisonment to be served concurrently with, and as "a condition of", a term of probation. Inasmuch as the sentence of imprisonment imposed here constituted a condition of probation, the court possessed the authority to modify that condition (CPL 410.20; Penal Law §...

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