New York Court of Appeals
In the Matter of Jeanine Pirro v. Daniel A. Angiolillo, as…
December 18, 199689 N.Y.2d 351
Summary
The Court held that a split sentence's incarceration component is a separate penalty that cannot be altered once service begins, and therefore the trial judge exceeded his statutory authority by vacating the jail term under CPL 410.20. The Court affirmed that an article 78 proceeding is the proper vehicle for a writ of prohibition and reversed the Appellate Division, granting the District Attorney's petition. Justice Bellacosa dissented, arguing that prohibition was unavailable and the prosecutor had not met the high burden for relief.