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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES MATTHEWS, Respondent.

This is an appeal by the People who contend that the sentencing court was without discretion to impose a sentence of probation. The defendant pleaded guilty to the single count in the indictment.

Absent any error of law, the People have no right to appeal and this court may not interfere with the court's decision to impose a sentence of probation (People v. Washington, 175 A.D.2d 732). On this record, we are unable to say that the sentence was invalid as a matter of law.

Concur — Murphy, P.J., Rosenberger, Ellerin, Ross and Rubin, JJ.

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PEOPLE v. MATTHEWS
(Oct 24, 1991)