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PEOPLE v. McNAIR

87 N.Y.2d 772 (1996)

665 N.E.2d 167

642 N.Y.S.2d 597

The People of the State of New York, Respondent, v. Richard McNair, Appellant.

Court of Appeals of the State of New York.

Decided April 4, 1996.

Attorney(s) appearing for the Case

David Goodman, Public Defender of Dutchess County, Poughkeepsie (David Steinberg of counsel), for appellant.

William V. Grady, District Attorney of Dutchess County, Poughkeepsie (Bridget Rahilly Steller of counsel), for respondent.

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

CIPARICK, J.

In People v Letterlough (86 N.Y.2d 259), this Court announced a set of guiding principles to determine whether conditions of probation are authorized by the probation statute's catch-all provision (see, Penal Law § 65.10 [2] [l]). Based on these interpretive guidelines, we now invalidate the extra-statutory probationary condition of electronic...

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