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.