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 the imprisonment portion of a split sentence is a separate penalty that cannot be modified under CPL 410.20 once service has begun, and therefore the trial judge exceeded his statutory authority by substituting home confinement for the jail term; the Court reversed the Appellate Division and granted the District Attorney’s petition for prohibition. Justice Bellacosa dissented, arguing that the writ of prohibition was unavailable.