PEOPLE v. JACKSON (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Lisa Grey, J.), rendered February 8, 2023, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.  The appeal brings up for review an order of protection issued at the time of sentencing.

ORDERED that upon the appeal from the judgment, the order of protection is modified, on the law, by deleting the provision thereof directing that it shall remain in effect until and including February 7, 2032, and substituting therefor a provision directing that it shall remain in effect until and including February 7, 2031;  and it is further,

ORDERED that the judgment is affirmed.

As the People correctly concede, the duration of the order of protection exceeded the maximum period permissible under CPL 530.13(4)(A).  The defendant requests, and the People concede, that the order of protection should be modified accordingly.  Therefore, we modify the order of protection by providing that it shall remain in effect until and including February 7, 2031 (see People v. Lloyd, 235 A.D.3d 900, 901, 228 N.Y.S.3d 626;  People v. Villan, 234 A.D.3d 717, 718, 224 N.Y.S.3d 537).

CONNOLLY, J.P., WOOTEN, TAYLOR and LANDICINO, JJ., concur.