People v Oliver

2012 NY Slip Op 06088 [98 AD3d 751]

August 29, 2012

Appellate Division, Second Department

As corrected through Wednesday, September 26, 2012

The People of the State of New York, Respondent, v LindaOliver, Appellant.

—[*1]Foley Griffin, LLP, Garden City, N.Y. (John Healy of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K.Gibbons of counsel), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court,Nassau County (Carter, J.), imposed September 27, 2011, on the ground that the sentence wasillegal.

Ordered that the sentence is affirmed.

Contrary to the defendant's contention, the sentence imposed did not violate Penal Law§ 60.01 (2) (d) (cf. Penal Law § 60.21). Accordingly, the sentence imposedwas not illegal. Mastro, A.P.J., Skelos, Leventhal, Austin and Cohen, JJ., concur.