On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified by vacating the sentence of probation under Superior Court Information 3/90 and remitting the case to County Court, Dutchess County, for resentencing and, as so modified, affirmed. The initial sentence of probation under Superior Court Information 3/90 was unauthorized (see, People v Cerilli, 80 N.Y.2d 1016).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA and SMITH.