PEOPLE v. JOHN P. JR.


294 A.D.2d 951 (2002)

741 N.Y.S.2d 785

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN P., JR., Appellant.

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

Decided May 3, 2002.


It is hereby ordered that the adjudication so appealed from be and the same hereby is unanimously modified on the law by vacating that portion sentencing defendant to a three-year conditional discharge and as modified the adjudication is affirmed.

Memorandum:

County Court erred in sentencing defendant to a conditional discharge after terminating his sentence of probation. Once a sentence of probation is "terminated" (CPL 410.90 [1]), the sentence effectively...

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