People v. Williams

OPINION OF THE COURT

Dominic R. Massaro, J.

Defendant, Matthew Williams, was convicted of seven counts of promoting prostitution in the second degree (Penal Law § 230.30 [1]), and one count of rape in the third degree (Penal Law § 130.25 [3]). At sentencing, the New York City Depart*561ment of Probation, pursuant to Criminal Procedure Law § 390.20 (1), filed with the court a presentence report in which it recommended that “defendant be sentenced to incarceration concurrent with and as a condition of probation.” The recommendation is rejected as it would constitute an illegal sentence.

Discussion

Penal…