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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LISA FELICIANO, Defendant-Appellant.

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 two months she served prior to sentencing should also be credited against her term of probation (see Penal Law § 65.15(1); People ex rel. Maye v. Keating, 225 A.D.2d 836).

We also find the sentence excessive to the extent indicated.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. FELICIANO
(Nov 13, 2003)