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PEOPLE STATE NEW YORK v. JAMES J. FITZPATRICK (11/24/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


November 24, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
JAMES J. FITZPATRICK, APPELLANT

Beldock, P. J., Christ, Munder, Martuscello and Kleinfeld, JJ., concur.

A sentence of discharge must be either conditional or unconditional; it may not, in our opinion, be both at the same time (cf. Penal Law, ยงยง 65.05, 65.20).

Disposition

Judgment of the County Court, Nassau County, rendered January 22, 1969, modified, on the law, by striking therefrom the condition attached to the sentence of unconditional discharge. As so modified, judgment affirmed. The findings of fact below are affirmed.

19691124

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