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THE PEOPLE, ETC., respondent, v. MICHAEL PETTIFORD, appellant.

DECISION ORDER

ORDERED that the sentence is reversed insofar as appealed from, on the law, and the matter is remitted to the Supreme Court, Westchester County, for a new determination of the duration of the order of protection, taking into account the defendant's jail-time credit.

The court's determination of the duration of the order of protection issued at sentencing pursuant to CPL 530.13(4) should have taken into account the defendant's jail-time credit. The matter therefore must be remitted to the Supreme Court, Westchester County, for a new determination of the duration of the order of protection, taking into account the defendant's jail-time credit ( see People v. Nieves, 305 A.D.2d 520, lv granted 100 N.Y.2d 564).

PRUDENTI, P.J., FLORIO, KRAUSMAN, H. MILLER and MASTRO, JJ., concur.

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PEOPLE v. PETTIFORD
(Nov 10, 2003)