AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. BRYAN COHEN, Respondent.

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). 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 Crim. Proc. [2], [3]). Bracken, J.P., Rosenblatt, Miller and Krausman, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. COHEN
(Dec 4, 1995)