Opinion
14917 SCI No. 2271-17 Case No. 2018-2314
12-28-2021
The PEOPLE of the State of New York, Respondent, v. Raymond NATAL, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Katheryne M. Martone of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.
Judgment, Supreme Court, Bronx County (Julio Rodriguez, III, J. at plea; Bianka Perez, J. at sentencing), rendered November 9, 2017, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of two to four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the order of protection's provision directing that it remain in effect until November 8, 2029 and remanding for a new determination of the order's duration, and otherwise affirmed. Although defendant's challenge to the duration of his order of protection is unpreserved (see People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004] ), we reach this issue in the interest of justice. The record is clear that when setting the order of protection's expiration date, the sentencing court did not consider the jail time credit to which defendant was entitled (see e. g. People v. Rodriguez, 184 A.D.3d 420, 422, 125 N.Y.S.3d 90 [1st Dept. 2020], lv denied, 35 N.Y.3d 1115, 133 N.Y.S.3d 513, 158 N.E.3d 530 [2020] ).