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On the contrary, the provisions of the Probation Law do not address a situation wherein resort to probation is not obtainable at the time of the conviction by the trial court in view of the sentence imposed, thereby making appeal the only remedy available to the accused.
Thus, a question arises when an accused appeals a judgment of conviction by the trial court that carries a penalty of more than six years imprisonment (which by express language of the law is beyond probationary limits) and the appellate court either affirms the decision of the lower court but reduces the penalty to less than six years or finds the accused guilty of a lower offense which provides for a term of imprisonment below the statutory limit...
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