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PEOPLE v. MACK

304 A.D.2d 847 (2003)

756 N.Y.S.2d 799

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT D. MACK, Appellant.

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

Decided April 3, 2003.

Carpinello, J.

Defendant stands convicted of scheming to defraud in the first degree and forgery in the second degree. On appeal, he claims that County Court was improperly prevented from considering a sentence of parole supervision pursuant CPL 410.91 because the People refused to consent to this sentencing option. Relatedly, he claims that this consent provision (see CPL 410.91 [4]) is unconstitutional in that...

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