Opinion
2002-02661
Submitted November 29, 2002.
November 10, 2003.
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.
Stephen J. Pittari, White Plains, N.Y. (Jacqueline F. Oliva of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Lois Cullen Valerio of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, GABRIEL M. KRAUSMAN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
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 A.D.2d 520, lv granted 100 N.Y.2d 564).
PRUDENTI, P.J., FLORIO, KRAUSMAN, H. MILLER and MASTRO, JJ., concur.