THE PEOPLE &C., RESPONDENT, v. JAMES SIBLEY, APPELLANT.
81 N.Y.2d 870 (1993).
2 No. 132 SSM 3 [1993 N.Y. Int. 61]
March 30, 1993
Decided March 30, 1993
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Steven A. Feldman, for Appellant.
Submitted by Bridget Rahilly Stellar, for Respondent.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.4 of the Rules, 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 NY2d 1016). Chief Judge Kaye and Judges Simons, Titone, Hancock, Bellacosa and Smith concur.