PEOPLE v. JOHNSON (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond Rodriguez, J.), rendered December 18, 2023, convicting him of attempted robbery 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, so much of the order of protection issued at the time of sentencing as was issued in favor of M.L. is vacated, as a matter of discretion in the interest of justice;  and it is further,

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court improperly issued an order of protection in favor of M.L. is unpreserved for appellate review (see CPL 470.05[2];  People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13), but we nevertheless reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15[6][a] ).  As the People correctly concede, the court had no authority to issue an order of protection in favor of M.L. since she was neither victim of, nor witness to, the crime to which the defendant entered a plea of guilty (see id. § 530.13[4];  People v. Alvarado, 235 A.D.3d 889, 890, 226 N.Y.S.3d 361;  People v. Lebron, 233 A.D.3d 710, 710, 220 N.Y.S.3d 844;  People v. Gonzalez, 217 A.D.3d 965, 966, 192 N.Y.S.3d 169).

Accordingly, we vacate so much of the order of protection as was issued in favor of M.L. at the time of sentencing.

BARROS, J.P., BRATHWAITE NELSON, LOVE and QUIRK, JJ., concur.