People v. David
| Decision Date | 28 June 1985 |
| Citation | 482 N.E.2d 914,493 N.Y.S.2d 118,65 N.Y.2d 809 |
| 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 |
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).
TITONE, J., taking no part.
Order affirmed in a memorandum.
* Designated pursuant to NY Constitution, article VI, § 2.
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