| People v Magee |
| 2022 NY Slip Op 04105 [206 AD3d 541] |
| June 23, 2022 |
| 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 Morgan Magee, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Samuel Claflin of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kalani Browne of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Bahaati E. Pitt, J.), rendered May 17, 2018, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of six months, concurrent with five years' probation, unanimously modified, on the law, to the extent of vacating the May 16, 2023 maximum expiration date of the period of probation and replacing it with the date of November 16, 2022, and otherwise affirmed.
Because of defendant's jail time credit, which applies to both the jail and probation
components of his sentence, his probationary period is effectively 4