PEOPLE v. DAVID

MEMORANDUM.

The order of the Appellate Division 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 [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; People v Drummond, 40 N.Y.2d 990, 992, cert denied sub nom. New York v Luis J., 431 U.S. 908).

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and BOOMER concur; Judge TITONE taking no part.

Order affirmed in a memorandum.