| People v Jackson |
| 2014 NYSlipOp 06682 [121 AD3d 434] |
| October 2, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Bilroy Jackson, 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.
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
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 AD3d 399, 400 [1st Dept 2007], affd 12 NY3d 21 [2009]). We note that the error could have been corrected more expeditiously by requesting relief from the sentencing court (see People v Nieves, 2 NY3d 310, 317-318 [2004]). Concur—Tom, J.P., Friedman, Acosta, DeGrasse and Gische, JJ.