PEOPLE v. ELLIS


27 A.D.3d 236 (2006)

809 N.Y.S.2d 906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER ELLIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 7, 2006.


As the People concede, Penal Law § 60.01 (2) (d) requires that sentences of imprisonment and probation imposed for the same conviction run concurrently, and we modify the sentence accordingly. However, we reject defendant's argument that the six months he claims to have served prior to sentencing should also be credited against his term of probation (see Penal Law § 65.15 (1); People v Feliciano, 1 A.D.3d 163 [2003...

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