Summary
This Appellate Division decision reviews a criminal judgment where the defendant was convicted of attempted assault in the second degree following a guilty plea. The court vacated portions of the sentencing orders of protection that extended beyond the statutory maximum duration under CPL 530.13(4) because they failed to account for the defendant's jail-time credit. The matter was remanded to the Supreme Court for a new determination of the protection order duration consistent with the law, while the underlying criminal judgment was affirmed.
Topics
Practice areas
Questions Presented
- Whether the duration of the orders of protection exceeded the maximum time limit set by CPL 530.13(4) and must be vacated and remanded.
Holdings
- The duration exceeded the statutory maximum because the trial court failed to credit the defendant’s jail time; the orders of protection are vacated and the matter remitted for a new determination consistent with CPL 530.13(4).
Key quotations
“As the People correctly concede, the duration of the orders of protection issued at sentencing exceeded the maximum time limit set forth in CPL 530.13(4), since they did not take into account the defendant's jail-time credit.”
Factual background
Steven Alexis pleaded guilty to attempted assault in the second degree. At sentencing the trial court issued orders of protection that were to remain in effect until January 12, 2034, without crediting his jail time, thereby exceeding the statutory maximum under CPL 530.13(4).
Procedural history
The Supreme Court, Queens County sentenced Alexis, then the Appellate Division reviewed the sentencing orders of protection.
Remand instructions
Remitted to the Supreme Court, Queens County for a new determination of the duration of the orders of protection consistent herewith.