PEOPLE v. ZEPHRIN

2006-03430

2008 NY Slip Op 07276

THE PEOPLE, ETC., respondent, v. PATRICK ZEPHRIN, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 30, 2008.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Susan Paulson of counsel), for respondent.

Before: Steven W. Fisher, J.P., Anita R. Florio, Daniel D. Angiolillo, Thomas A. Dickerson, Ariel E. Belen, JJ.


DECISION & ORDER

ORDERED that the amended judgment is reversed, on the law, and the sentence imposed thereon is vacated.

On January 3, 2001, the defendant was sentenced in the County Court, Suffolk County, upon his plea of guilty to grand larceny in the third degree, to a term of six months imprisonment and five years probation. The sentencing court acknowledged that the defendant was in custody and would receive credit for time served and, on appeal...

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