| People v Jaffar |
| 2021 NY Slip Op 05468 [198 AD3d 467] |
| October 12, 2021 |
| 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 Mohammed Jaffar, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Rachel Bond of counsel), for respondent.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered May 16, 2018, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of six months, with five years' probation, unanimously modified, on the law, to the extent of directing that the term of imprisonment and the period of probation run concurrently, and otherwise affirmed.
As the People concede, the sentence should be modified to specify that the term of
imprisonment and the probationary period are concurrent, so that defendant is entitled to
jail time credit toward both components of the sentence (see People v Zephrin, 14 NY3d
296 [2010]), resulting in a probationary period that is effectively 4