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People v. Nieves

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2003
305 A.D.2d 520 (N.Y. App. Div. 2003)

Opinion

2001-10263

Submitted April 14, 2003.

May 12, 2003.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered October 12, 2001, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, imposing sentence, and issuing two orders of protection to remain in effect until October 12, 2007.

Stephen J. Pittari, White Plains, N.Y. (Salvatore A. Gaetani of counsel), for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas A. Kenniff and Richard Longworth Hecht of counsel), for respondent.

Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is modified, on the law, by deleting from the orders of protection the provisions that they remain in effect until October 12, 2007; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for a new determination of the duration of the orders of protection in accordance herewith.

The County Court's determination of the duration of the orders of protection issued at sentencing pursuant to CPL 530.13(4) should have taken into account the defendant's jail-time credit (see People v. Eaddy, 302 A.D.2d 473 [2d Dept, Feb. 10, 2003]; People v. Holmes, 294 A.D.2d 871; People v. Harris, 285 A.D.2d 980). Accordingly, the matter must be remitted to the County Court, Westchester County, for a new determination of the duration of the orders of protection, taking into account the defendant's jail-time credit.

The defendant's remaining contentions are without merit.

S. MILLER, J.P., GOLDSTEIN, COZIER and MASTRO, JJ., concur.


Summaries of

People v. Nieves

Appellate Division of the Supreme Court of New York, Second Department
May 12, 2003
305 A.D.2d 520 (N.Y. App. Div. 2003)
Case details for

People v. Nieves

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ISRAEL NIEVES, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 2003

Citations

305 A.D.2d 520 (N.Y. App. Div. 2003)
758 N.Y.S.2d 834

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