People v. Pettiford

Appellate Division of the Supreme Court of New York

People v. Pettiford

1 A.D.2d 466, 766 N.Y.S.2d 888

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 10, 2003

StatusPublished

This text of 1 A.D.2d 466 (People v. Pettiford) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Pettiford, 1 A.D.2d 466, 766 N.Y.S.2d 888 (N.Y. Ct. App. 2003).

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Opinion

Appeal by the defendant, as limited by his motion, from so much of a sentence of the Supreme Court, Westchester County (Angiolillo, J.), imposed February 28, 2002, as issued an order of protection to remain in effect until April 28, 2008.

Ordered that the sentence is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Westchester County, for a new determination of the duration of the order of protection, taking into account the defendant’s jail-time credit.

The court’s determination of the duration of the order of protection issued at sentencing pursuant to CPL 530.13 (4) should have taken into account the defendant’s jail-time credit. The matter therefore must be remitted to the Supreme Court, Westchester County, for a new determination of the duration of the order of protection, taking into account the defendant’s jail-time credit (see People v Nieves, 305 AD2d 520 [2003], lv granted 100 NY2d 564 [2003]). Prudenti, EJ., Florio, Krausman, H. Miller and Mastro, JJ., concur.

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Appeal by the defendant, as limited by his motion, from so much of a sentence of the Supreme Court, Westchester County (Angiolillo, J.), imposed February 28, 2002, as issued an order of protection to remain in effect until April 28, 2008.

Ordered that the sentence is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Westchester County, for a new determination of the duration of the order of protection, taking into account the defendant’s jail-time credit.

The court’s determination of the duration of the order of protection issued at sentencing pursuant to CPL 530.13 (4) should have taken into account the defendant’s jail-time credit. The matter therefore must be remitted to the Supreme Court, Westchester County, for a new determination of the duration of the order of protection, taking into account the defendant’s jail-time credit (see People v Nieves, 305 AD2d 520 [2003], lv granted 100 NY2d 564 [2003]). Prudenti, EJ., Florio, Krausman, H. Miller and Mastro, JJ., concur.

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Bluebook (online)

1 A.D.2d 466, 766 N.Y.S.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pettiford-nyappdiv-2003.

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