Legal Opinion

People v. McNair

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 1995PublishedCited by 2 opinions

1Opinion of the Court

—Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Dutchess County (Marlow, J.), imposed February 24, 1994.

Ordered that the sentence is affirmed.

The defendant contends that the sentence imposed violated Penal Law § 60.01 (2) (d) because it included a period of electronic monitoring which, in effect, extended the six-month period of incarceration permissible under the statute. We find this contention to be without merit (cf., People ex rel. Kornaker v Meloni, 134 Misc 2d 444, affd 134 AD2d 868; see generally, Matter of Hawkins v Coughlin, 72 NY2d 158;…

2Cases cited5 opinions

  1. People v. PellegrinoNew York Court of Appeals · 1983
  2. Hawkins v. CoughlinNew York Court of Appeals · 1988
  3. People ex rel. Knox v. KellyAppellate Division of the Supreme Court of the State of New York · 1987
  4. People ex rel. Kornaker v. Meloni, New York County Courts1987
  5. People ex rel. Kornaker v. MeloniAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. People v. McNairNew York Court of Appeals · 1996
  2. People v. McNairNew York Court of Appeals · 1996

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