People v. Iyasere
Attorneys and Parties
Brief Summary
Criminal procedure — duration of criminal orders of protection must account for jail-time credit.
Following a guilty plea to third-degree robbery, the court sentenced defendant to 2–4 years as a second felony offender and issued a final order of protection set to expire on February 3, 2032.
The portion of the order of protection setting the expiration date.
The expiration date was calculated without considering defendant's jail-time credit, causing it to exceed the maximum statutory duration under CPL 530.13 [4] [A] [governing maximum duration of criminal orders of protection].
Background
Defendant pleaded guilty to robbery in the third degree and received a 2–4 year sentence as a second felony offender. The sentencing court also issued a final order of protection with an expiration date of February 3, 2032. On appeal, defendant challenged only the duration of the order of protection, arguing it failed to account for jail-time credit. The People consented to modification.
Lower Court Decision
The Supreme Court, Bronx County, entered judgment on February 4, 2020, imposing sentence and issuing an order of protection expiring February 3, 2032.
Appellate Division Reversal
Modified on the law to vacate the order of protection’s expiration date and remand for recalculation that accounts for jail-time credit under CPL 530.13 [4] [A]; otherwise affirmed. The order of protection remains in effect pending the new determination. The People consented to this relief.
Legal Significance
Reaffirms that when fixing the duration of a criminal order of protection, courts must consider jail-time credit to ensure the order does not exceed the statutory maximum under CPL 530.13 [4] [A]. Cites recent First Department precedents (People v Gonzalez; People v Bellamy) in support.
When setting an order of protection tied to a custodial sentence, the court must subtract jail-time credit or risk exceeding the statutory maximum; the remedy is to vacate the expiration date and remand for recalculation while keeping the order in effect.