| People v Feliciano |
| 2017 NY Slip Op 04072 [150 AD3d 579] |
| May 23, 2017 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Angel Feliciano, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Malancha Chanda of counsel), forrespondent.
Judgment, Supreme Court, New York County (Tandra L. Dawson, J.), rendered May 12,2015, as amended June 15, 2015, convicting defendant, upon his plea of guilty, of aggravatedfamily offense and criminal contempt in the second degree, and sentencing him to an aggregateterm of one to three years, unanimously modified, as a matter of discretion in the interest ofjustice, to the extent of vacating the order of protection and remanding the matter for a newdetermination of the duration of the order, and otherwise affirmed.
The indictment, which charged defendant with aggravated family offense under Penal Law§ 240.75 (1) and criminal contempt in the second degree under Penal Law§ 215.50 (3), was not jurisdictionally defective. The indictment gave defendant fairnotice of the charges against him (see generally People v Cohen, 52 NY2d 584, 586[1981]), including that the aggravated family offense charge was based on defendant'scommission of second-degree criminal contempt.
We perceive no basis for reducing the sentence.
As the People concede, the expiration date of the order of protection is erroneous because itwas calculated without taking jail time credit into account (see People v Jackson, 121 AD3d 434 [1st Dept 2014]).Concur—Friedman, J.P., Moskowitz, Feinman, Gische and Kahn, JJ.