People v. Rodriguez-Ricardo

Summary

The New York Appellate Division, Fourth Department, affirmed a judgment convicting the defendant upon a guilty plea of criminal contempt in the first degree. The court held that the sentencing court had authority to issue a no-contact order of protection despite the victim's preference for a no-offensive-contact order, and declined to review the unpreserved challenge to the order's expiration date.

Holdings

1. A sentencing court may issue an order of protection and set its terms even without the victim's consent; under the circumstances, including the nature of the underlying crime, the court did not err by issuing a no-contact order of protection.
2. Defendant's challenge to the expiration date of the order of protection was unpreserved because he did not object to its duration at sentencing, and the court declined to review the issue in the interest of justice.

Questions Presented

1. Whether the sentencing court had authority to issue a no-contact order of protection despite the victim's stated preference for only a no-offensive-contact order.
2. Whether the court improperly set the expiration date of the order of protection by failing to account for defendant's pre-sentence incarceration.
3. Whether the Appellate Division should exercise discretionary interest-of-justice review of the unpreserved challenge to the duration of the order of protection.

Disposition

affirmed