PEOPLE v. ZEPHRIN

No. 40

14 N.Y.3d 296 (2010)

926 N.E.2d 246

899 N.Y.S.2d 739

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. PATRICK ZEPHRIN, Respondent.

Court of Appeals of New York.

Decided March 30, 2010.


Attorney(s) appearing for the Case

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

Appellate Advocates, New York City ( Lynn W.L. Fahey of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

CIPARICK, J.

The issue presented on this appeal is whether defendant's jail-time credit toward his sentence of imprisonment also reduces his term of probation where defendant received a split sentence of incarceration and probation. We hold that defendant was entitled to credit toward his term of probation and, as a result, such term had expired prior to the filing of the declaration...

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