Opinion
2014-10-2
The PEOPLE of the State of New York, Respondent, v. Bilroy JACKSON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jordan K. Hummel of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jordan K. Hummel of counsel), for respondent.
TOM, J.P., FRIEDMAN, ACOSTA, DeGRASSE, GISCHE, JJ.
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered June 14, 2012, convicting defendant, upon his plea of guilty, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 1 1/2 to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the provision of the order of protection that directed that it remain in effect until June 14, 2023 and remanding the matter for a new determination of the duration of the order, and otherwise affirmed.
As the People concede, the order of protection's expiration date is incorrect because it did not take into account the jail time credit to which defendant is entitled ( see People v. Taveras, 46 A.D.3d 399, 400, 847 N.Y.S.2d 579 [1st Dept.2007], affd. 12 N.Y.3d 21, 878 N.Y.S.2d 642, 906 N.E.2d 370 [2009] ). We note that the error could have been corrected more expeditiously by requesting relief from the sentencing court ( see People v. Nieves, 2 N.Y.3d 310, 317–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004] ).