PEOPLE v. KUCHMA (2024)

Judgments, Supreme Court, New York County (Ronald Zweibel, J.), rendered August 11, 2016, as amended September 25, 2016, convicting defendant, upon his pleas of guilty, of criminal contempt in the first degree, aggravated criminal contempt, aggravated family offense, stalking in the second degree, and aggravated harassment in the second degree, and sentencing him to an aggregate term of 1 to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to vacate the provisions of the orders of protection solely to the extent that the orders direct that they remain in effect until August 10, 2027, and to remand the matter for a new determination of the expiration of the orders, and otherwise affirmed.

Although defendant's challenge to the duration of the orders of protection is unpreserved (see People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004]), we reach the issue in the interest of justice.  As the People concede, the expiration date of the orders of protection is incorrect because it was calculated without taking into account the jail time credit to which defendant is entitled (see e.g. People v. Natal, 200 A.D.3d 620, 155 N.Y.S.3d 777 [2021]).  Pending a new determination, the orders of protection shall remain in effect.