PEOPLE v. SOSA (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew A. Sciarrino, Jr., J.), rendered July 7, 2023, convicting him of attempted robbery in the third 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, so much of the order of protection as directed that it remain in effect until and including July 6, 2034, is vacated, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the duration of the order of protection consistent herewith;  and it is further,

ORDERED that pending a new determination as to the duration of the order of protection, the order of protection shall remain in effect;  and it is further,

ORDERED that the judgment is affirmed.

Although the defendant did not object to the duration of the order of protection on the ground that he was not credited for jail time served, he had no practical ability to register a timely objection on that basis, since the Supreme Court did not announce the duration of the order of protection at either the plea or sentencing proceedings (see People v. Delaurentis, 216 A.D.3d 664, 665, 188 N.Y.S.3d 155;  People v. Gonzalez, 207 A.D.3d 656, 657, 170 N.Y.S.3d 484).  Thus, the rule of preservation does not apply (see People v. Delaurentis, 216 A.D.3d at 665, 188 N.Y.S.3d 155).  The People do not dispute the defendant's contention that the order of protection issued at the time of sentencing did not credit the defendant for jail time served.  Accordingly, we remit the matter to the Supreme Court, Kings County, for a new determination of the duration of the order of protection (see People v. Newman, 234 A.D.3d 877, 878, 225 N.Y.S.3d 370;  People v. Delaurentis, 216 A.D.3d at 665, 188 N.Y.S.3d 155).

GENOVESI, J.P., FORD, LANDICINO and QUIRK, JJ., concur.