People v. Espinosa

Summary

The Appellate Division, Second Department, affirmed the defendant's judgment of conviction for attempted burglary in the third degree. The court vacated, in the interest of justice, the portion of the order of protection issued in favor of Angel Rivera because Rivera was neither a victim nor a witness to the crime to which the defendant pleaded guilty.

Holdings

1. A challenge to an order-of-protection provision that was not raised by objection at sentencing or otherwise presented to the lower court is unpreserved for ordinary appellate review, but the Appellate Division may reach the issue in the exercise of its interest-of-justice jurisdiction.
2. A sentencing court lacks authority under CPL 530.13(4) to issue an order of protection in favor of a person who was neither a victim nor a witness to the particular crime to which the defendant pleaded guilty.

Questions Presented

1. Whether the defendant's unpreserved challenge to the order of protection could be reviewed in the interest of justice.
2. Whether the sentencing court had authority to issue an order of protection in favor of a person who was neither a victim nor a witness to the particular crime to which the defendant pleaded guilty.

Disposition

affirmed