Does a judge have the power to sentence a convicted criminal to lifetime probation without the consent and recommendation of a district attorney?
"New York", United States of America
The following excerpt is from People v. Putland, 102 Misc.2d 517, 423 N.Y.S.2d 999 (N.Y. Cty. Ct. 1979):
Moreover, a court may not sentence a Class A-11 or Class B felony convict to lifetime probation without prosecutorial consent and recommendation (Penal Law 65.00(1)(b)). The provision has been upheld as against the claim that the district attorney is being granted a judicial function (People v. Eason, 40 N.Y.2d 297, 386 N.Y.S.2d 673, 353 N.E.2d 587).
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