PEOPLE v. SIBLEY

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.