PEOPLE v. IYASERE (2026)

Judgment, Supreme Court, Bronx County (Steven Hornstein, J.), rendered February 4, 2020, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously modified, on the law, to the extent of vacating the provision of the order of protection that directed that it remain in effect until February 3, 2032, and remanding the matter for a new determination of the duration of the order, and otherwise affirmed.

The expiration date of the order of protection was calculated without considering the jail time credit to which defendant is entitled (see e.g. People v. Gonzalez, 236 A.D.3d 529, 529, 228 N.Y.S.3d 186 [1st Dept. 2025];  People v. Bellamy, 226 A.D.3d 623, 210 N.Y.S.3d 96 [1st Dept. 2024], lv denied 42 N.Y.3d 969, 219 N.Y.S.3d 623, 244 N.E.3d 1081 [2024]), and as such, the expiration date of the order exceeds the maximum statutory duration (CPL 530.13[4][A]).  Accordingly, we remand the matter for a new determination of the duration of the order, with consideration to be given to any jail time credit to which defendant is entitled.  Pending a new determination, the order of protection shall remain in effect.  We note that the People consent to this relief.