Summary
holding the "sentence of a conditional discharge on condition that defendant never apply for a driver's license during his natural life . . . clearly exceeded the statutory maximum of one year"
Summary of this case from United States v. AlakpaOpinion
April 1, 1986
Appeal from the Supreme Court, New York County (Hortense W. Gabel, J.).
In imposing a sentence of conditional discharge, a court may subject a defendant to reasonable conditions for the period of conditional discharge (Penal Law § 65.05). The allowable period for a conditional discharge in the case of a misdemeanor, of which defendant was convicted, is one year (Penal Law § 65.05). The court's sentence of a conditional discharge on condition "that [defendant] never apply for a driver's license during his natural life" therefore clearly exceeded the statutory maximum of one year, and we modify accordingly.
We have examined the defendant's remaining contentions and find them to be without merit.
Concur — Sandler, J.P., Asch, Milonas, Ellerin and Wallach, JJ.