People v. David

OPINION OF THE COURT

Mollen, P. J.

On this appeal, we are called upon to determine whether a sentence of lifetime probation may be lawfully imposed pursuant to section 65.00 of the Penal Law in the absence of affirmative evidence that the District Attorney recommended, and the Administrative Judge concurred in, the imposition of that sentence. We hold that, in the absence of such evidence, the court is without power to sentence a criminal defendant to lifetime probation.

By Queens County indictment number 8282/1982, Sharon David, also known as Jeanne Klemann, the defendant, was accused of…