PEOPLE v. CALDERON (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Jerry CALDERON, Defendant–Appellant.

758 Decided: October 12, 2023

Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.

Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Marc J. Whiten, J.), rendered November 20, 2017, convicting defendant, upon his plea of guilty, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 11/212 to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the order of protection, and otherwise affirmed.

The sentencing court failed to “state on the record the reasons for issuing [a final] order of protection” where a temporary order of protection had previously been issued (CPL 530.13[4]). Accordingly, the order of protection should be vacated (see People v. Moncrieft, 168 A.D.3d 982, 92 N.Y.S.3d 335 [2d Dept. 2019], lv denied 33 N.Y.3d 951, 100 N.Y.S.3d 192, 123 N.E.3d 851 [2019]). As the People concede, defendant is entitled to this relief.

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