Judgment unanimously modified, on the law, and, as modified, affirmed.
Memorandum:
Upon his plea of guilty to a charge of grand larceny in the third degree, defendant was sentenced to a five-year period of probation, the first 60 days of which were to be served in the Monroe County Jail (Penal Law, § 60.01, subd 2, par [d]). The court then added that it was its intention that any time already served by defendant on the charge was not to apply to its sentence...
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