Summary
This Appellate Division decision reviews a trial court's imposition of an order of protection following the defendant's guilty plea to third-degree assault. The court exercises its discretion in the interest of justice to modify the order's duration, reducing it to comply with the statutory maximum under Criminal Procedure Law § 530.13(4)(B)(ii). The underlying conviction and judgment are otherwise affirmed.
Topics
Practice areas
Questions Presented
- Whether the duration of the order of protection exceeded the statutory maximum under CPL 530.13(4)(B)(ii) and should be modified
- Whether the issue was preserved for appellate review
Holdings
- The order of protection exceeded the maximum period permissible under CPL 530.13(4)(B)(ii) and must be reduced to a term ending on March 20, 2028.
- The judgment of the Supreme Court is affirmed.
Key quotations
“The issue of the duration of the order of protection issued upon the defendant's conviction is properly before this Court on appeal from the judgment (see People v. Alleyne, 207 AD3d 554, 554‑555).” (at 1)
“As the People correctly concede, the duration of the order of protection exceeded the maximum period permissible under CPL 530.13(4)(B)(ii).” (at 1)
“Therefore, we modify the order of protection by providing that it shall remain in effect until and including March 20, 2028.” (at 1)
Factual background
The defendant pleaded guilty to third‑degree assault, was sentenced, and the court issued an order of protection that would remain in effect until March 19, 2029, a period the People conceded exceeded the statutory maximum.
Procedural history
The trial court sentenced the defendant after a guilty plea and issued an order of protection to remain in effect until March 19, 2029. The defendant appealed, challenging the duration of the order of protection.