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

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 AD3d 163, lv denied 1 NY3d 571). Since a sentence of probation commences on the day it is imposed, there is no provision for jail time credit.

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PEOPLE v. ELLIS
(Mar 7, 2006)