PEOPLE v. GONZALEZ (2025)

Judgment, Supreme Court, New York County (Steven Statsinger, J., at plea;  Ellen N. Biben, J., at sentencing), rendered April 10, 2019, convicting defendant, upon his plea of guilty, of criminal contempt in the first 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 vacate the provision of the order of protection solely to the extent that it remain in effect until April 9, 2030, and to remand the matter for a new determination of the expiration of the duration of the order, and otherwise affirmed.

Although defendant's challenge to the duration of the order 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 order 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. Kuchma, 230 A.D.3d 1074, 1075, 217 N.Y.S.3d 87 [1st Dept. 2024]).  Pending a new determination, the order of protection shall remain in effect.