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People v. Oliver

Supreme Court, Appellate Division, Second Department, New York.
Aug 29, 2012

Foley Griffin, LLP, Garden City, N.Y. (John Healy of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K. Gibbons of counsel), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Nassau County (Carter, J.), imposed September 27, 2011, on the ground that the sentence was illegal.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the sentence imposed did not violate Penal Law § 60.01(2)(d) ( cf. Penal Law § 60.21). Accordingly, the sentence imposed was not illegal.

MASTRO, A.P.J., SKELOS, LEVENTHAL, AUSTIN and COHEN, JJ., concur.