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PEOPLE v. VAN FLORCKE

Supreme Court, Appellate Term, Second Department.
Apr 26, 1983

MEMORANDUM.

Judgment of conviction unanimously reversed, on the law, and matter remanded to the court below for further proceedings.

Although defendant was sentenced to a conditional discharge, she was charged with a violation for which a 15-day period of incarceration is authorized by statute (see Penal Law, § 240.25). Thus, it was incumbent upon the court to advise defendant that, if eligible, she would be entitled to assigned counsel (see CPL 170.10, subd 3, par [c]; County Law, art 18-B, §§ 722, 722-a; see, also, Matter of Davis v Shepard, 92 Misc.2d 181).

FARLEY, P.J., SLIFKIN and GEILER, JJ., concur.