People v. David

• Decision Date: 28 June 1985
• Citation: People v. David, 493 N.Y.S.2d 118, 65 N.Y.2d 809, 482 N.E.2d 914 (N.Y. 1985)
• Parties: , 482 N.E.2d 914 The PEOPLE of the State of New York, Respondent, v. Sharon DAVID, Also Known as Jeanne Klemann, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 118

493 N.Y.S.2d 118

65 N.Y.2d 809, 482 N.E.2d 914

The PEOPLE of the State of New York, Respondent, v. Sharon DAVID, Also Known as Jeanne Klemann, Appellant.

Court of Appeals of New York.

June 28, 1985.

Andrea G. Hirsch and William E. Hellerstein, New York City, for appellant.

John J. Santucci, Dist. Atty., Kew Gardens (Ann B. Miele, Kew Gardens, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 102 A.D.2d 551, 477 N.Y.S.2d 384, should be affirmed.

The sentencing court exceeded its power in sentencing the defendant to lifetime probation because the prerequisites mandated by the Legislature were not met (Penal Law § 65.00[1][b] ). Hence, the sentence was illegal and therefore reviewable despite the District Attorney's failure to object (see, People v. Fuller, 57 N.Y.2d 152, 156-157, n. 3, 455 N.Y.S.2d 253, 441 N.E.2d 563; People v. Drummond, 40 N.Y.2d 990, 992, 391 N.Y.S.2d 67, 359 N.E.2d 663, cert. denied sub nom. New York v. Luis J., 431 U.S. 908, 97 S.Ct. 1706, 52 L.Ed.2d 394).

WACHTLER, C.J., and JASEN, MEYER, SIMONS, KAYE, ALEXANDER and BOOMER ^*, JJ., concur.

TITONE, J., taking no part.

Order affirmed in a memorandum.

* Designated pursuant to NY Constitution, article VI, § 2.