PEOPLE v. MARTIN (2025)

Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered October 19, 2023, convicting defendant, upon his plea of guilty, of criminal contempt in the second degree, and sentencing him to time served, unanimously affirmed.

The court did not violate the multiple punishments prohibition of the Double Jeopardy Clause by issuing a final order of protection immediately after stating that the sentence was time served.  An order of protection is not a “punishment” within the meaning of the Double Jeopardy Clause (see People v. Nieves, 2 N.Y.3d 310, 316, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004]).  Furthermore, the sentence had not yet been imposed, entered, and served when the court issued the order of protection, as there had not been a “formal break in the proceedings from which to logically and reasonably conclude that sentencing had finished” (see e.g. United States v. Melvin, 105 F.4th 620, 626 [4th Cir. 2024];  United States v. Ochoa, 809 F.3d 453, 458–459 [9th Cir.2015]).

Defendant also argues that the order of protection was invalid because the court failed to state on the record its reasons for issuing the order of protection as required by CPL 530.13(4) (see Nieves, 2 N.Y.3d at 315, 778 N.Y.S.2d 751, 811 N.E.2d 13;  People v. Haskins, 231 A.D.3d 449, 217 N.Y.S.3d 570 [1st Dept. 2024]).  He failed to preserve that claim and we decline to review it in the interest of justice.