People v. Edwards

Judgment unanimously affirmed. Memorandum: The sentencing court properly set aside defendant’s sentence to lifetime probation. Thereafter, defendant was resentenced to a term of three years’ to life imprisonment. The sentence first imposed was invalid as a matter of law because the prosecutor failed to recommend "either orally on the record or in a writing filed with the indictment” that defendant be sentenced to a period of probation (Penal Law § 65.00 [1] [b]; see, People v David, 65 NY2d 809; People v Eason, 40 NY2d 297). There is no merit to defendant’s argument that the required…