NEW YORK (AP) — A Long Island man has been sentenced to five months in jail for mislabeling cartons of oysters believed to be from a river where shellfishing is banned.

The state Department of Environmental Conservation announced Kyle Frisina’s sentence Friday. He pleaded guilty Dec. 22 to four misdemeanors.

The DEC says Frisina was caught harvesting oysters in the Nissequogue River in Smithtown in June 2009. Officers then found 21 cartons of oysters he’d supplied to a shop. The agency says some cartons were labeled illegally, without required tags saying where the oysters came from.

The shop destroyed the oysters after tests showed high levels of coliform bacteria. They can indicate water contamination.

Calls to Frisina’s Shoreham home Friday weren’t immediately returned.

(Copyright 2010 by The Associated Press.  All Rights Reserved.)

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