People v. Cohen
| Decision Date | 04 December 1995 |
| Citation | 635 N.Y.S.2d 38,222 A.D.2d 447 |
| Parties | The PEOPLE, etc., Appellant, v. Bryan COHEN, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Jeanine Pirro, District Attorney, White Plains (Richard Longworth Hecht and Richard E. Weill, of counsel), for appellant.
Before BRACKEN, J.P., and ROSENBLATT, MILLER and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the People from an order of the County Court, Westchester County (Angiolillo, J.), entered November 18, 1994, which modified the defendant's sentence of imprisonment, imposed pursuant to Penal Law § 60.01(2)(d), as a condition of his probation.
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 § 65.00[2] ). Moreover, since the People do not possess the right to appeal from an order lawfully modifying a condition of probation pursuant to CPL 410.20, the appeal must be dismissed (see, CPL 450.20, 450.30[2], [3] ).
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Pirro v. Angiolillo
...do not possess the right to appeal from an order lawfully modifying a condition of probation pursuant to CPL 410.20" (People v. Cohen, 222 A.D.2d 447, 448, 635 N.Y.S.2d 38, citing CPL 450.20, 450.30[2], [3] ). In so ruling, the Court stated its view on the merits, opining that the incarcera......
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Pirro v. Angiolillo
...493, 502 N.E.2d 170). The petitioner here has failed to demonstrate a clear legal right to the relief sought (see, People v. Cohen, 222 A.D.2d 447, 635 N.Y.S.2d 38 [decided BRACKEN, J.P., and ROSENBLATT, MILLER and KRAUSMAN, JJ., concur. ...
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People v. Cohen
...168 647 N.Y.S.2d 168 88 N.Y.2d 934, 670 N.E.2d 452 People v. Bryan Cohen Court of Appeals of New York June 27, 1996 Titone, J. 222 A.D.2d 447, 635 N.Y.S.2d 38 App.Div. 2, Westchester Denied. ...