PEOPLE v. JIMENEZ (2025)

Judgment, Supreme Court, New York County (Laurie Peterson, J., at plea;  Herbert Moses, J., at sentencing), rendered February 25, 2020, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years on the weapon possession charge and one year on the menacing count, to run concurrently with the sentence imposed under Docket No. CR–037538–19NY, 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 February 24, 2032, 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 acknowledge, 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. Gonzalez, 236 A.D.3d 529, 228 N.Y.S.3d 186 [1st Dept. 2025];  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.