Opinion
October 1, 1996.
Judgment, Supreme Court, New York County (Alfred Kleiman, J.), rendered June 10, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in the third degree, and sentencing him to 3 years probation, commencing upon his release from prison for a prior unrelated conviction, unanimously modified, on the law, to commence the period of probation on June 10, 1994, the date of sentencing, and otherwise affirmed.
Before: Sullivan, J.P., Ellerin, Ross, Nardelli and Andrias, JJ.
Defendant correctly maintains, and the People concede, that the sentence violates Penal Law § 65.15 (1), which provides that a period of probation "commences on the day it is imposed". The sentence should be modified accordingly.