People v. Cerilli

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by vacating the sentence of probation under superior court information 320/89 and remitting the case to County Court for resentencing in accordance with this memorandum and, as so modified, affirmed.

On May 7, 1989, defendant attempted to cash a stolen check at the Arlington Bar and Grill in Poughkeepsie. In an unrelated incident occurring five months later at the Junction Tavern, also in Poughkeepsie, defendant obtained a small amount of cocaine and split it with an undercover officer. On December 21, 1989,…