PEOPLE v. PETTIFORD

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.