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MATTER OF PIRRO v. ANGIOLILLO

89 N.Y.2d 351 (1996)

675 N.E.2d 1189

653 N.Y.S.2d 237

In the Matter of Jeanine Pirro, District Attorney of Westchester County, Appellant, v. Daniel A. Angiolillo, as County Court Judge, Westchester County, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 18, 1996.

Attorney(s) appearing for the Case

Jeanine Pirro, District Attorney of Westchester County, White Plains (Richard Longworth Hecht and Richard E. Weill of counsel), appellant pro se.

Dennis C. Vacco, Attorney-General, New York City (Carolyn Cairns Olson, Thomas D. Hughes and Michael Belohlavek of counsel), for Daniel A. Angiolillo, respondent.

Marilyn J. Slaaten, County Attorney of Westchester County, White Plains (Annette G. Hasapidis-Marshall and Stacey Dolgin-Kmetz of counsel), for Rocco Pozzi, respondent.

Chief Judge KAYE and Judges SIMONS, SMITH, LEVINE and CIPARICK concur with Judge TITONE; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

TITONE, J.

Authorized by Penal Law § 60.01 (2) (d), a "split sentence" is one consisting of a term of imprisonment, intermittent or definite, combined with a term of probation or conditional discharge. The issue presented in this case is whether a definite sentence that was imposed in conjunction with a term of probation is a condition of or is subsumed within the probationary part of the sentence so that...

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