PEOPLE v. CORREA (2025)

Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J.), rendered June 14, 2019, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fifth degree and sentencing him to a conditional discharge for a period of one year, unanimously modified, on the law, to the extent of vacating the order of protection issued in favor of Tilson Yturrino, and declaring that the order of protection in favor of Beatrice Castillo should have had a duration of five years and has expired, and otherwise affirmed.

As the People concede, the order of protection covering Yturrino and issued against defendant was unlawful and should be vacated where Yturrino “was neither a victim of, nor a witness to, the crimes of which defendant was convicted” (People v. Gordon, 201 A.D.3d 443, 444, 156 N.Y.S.3d 739 [1st Dept. 2022], lv denied 38 N.Y.3d 950, 165 N.Y.S.3d 479, 185 N.E.3d 1000 [2022];  see also People v. Nieves, 2 N.Y.3d 310, 315, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004] [“CPL 530.13[4] authorizes a court to issue permanent orders of protection for the benefit of victims and witnesses ‘[u]pon conviction of any offense’ ”]).

The expiration date of the order of protection in favor of Beatrice Castillo exceeds the maximum statutory duration for a class A misdemeanor (see CPL 530.13[4][B]).  Accordingly, the People are directed to notify Beatrice Castillo that the term of the order of protection has expired.