The People of the State of New York v. Drequan A. Thomas
Attorneys and Parties
Brief Summary
Criminal law (orders of protection duration)
County Court accepted a guilty plea to criminal contempt in the first degree (Penal Law § 215.51[c] [first-degree criminal contempt for violating an order of protection under specified aggravating circumstances]) and issued an order of protection with an expiration date.
The judgment was modified to amend the order of protection’s expiration date, and the matter was remitted to set a compliant date.
The expiration date was not in accordance with CPL 530.12(5)(A) [authorizes criminal court orders of protection in family offense cases and sets maximum durations—up to eight years for a felony, five years for a misdemeanor, and two years for a violation]. Although unpreserved, the court exercised interest-of-justice review.
Background
Defendant pleaded guilty to criminal contempt in the first degree (Penal Law § 215.51[c]) arising from conduct violating an order of protection. County Court issued a new order of protection at sentencing. On appeal, defendant argued the order’s expiration date exceeded the statutory limits. The People conceded the error.
Lower Court Decision
Cayuga County Court convicted defendant on his guilty plea and set an order of protection with an expiration date that did not conform to CPL 530.12(5)(A).
Appellate Division Reversal
The Appellate Division modified the judgment by amending the order of protection and remitted the matter for the court to determine and specify an expiration date consistent with CPL 530.12(5)(A). The remainder of the judgment was affirmed, and the court reviewed the issue in the interest of justice despite lack of preservation.
Legal Significance
Appellate courts may modify unpreserved errors concerning the duration of criminal orders of protection in the interest of justice. Sentencing courts must set order-of-protection expiration dates within the statutory caps of CPL 530.12(5)(A).
In New York criminal cases, an order of protection’s expiration date must comply with CPL 530.12(5)(A); if it does not, the Appellate Division will modify the judgment and remit to set a lawful date even when the issue was not preserved.