People v Moselem
Attorneys and Parties
Brief Summary
Criminal procedure — duration of an order of protection under CPL 530.13(4)(A) [statute governing the issuance and maximum duration of criminal orders of protection upon conviction]
After a guilty plea to attempted burglary in the third degree, the court imposed sentence and issued a final order of protection set to expire on December 31, 2032.
Only the expiration date of the order of protection was modified to December 1, 2031; the conviction and sentence were otherwise affirmed.
The original duration exceeded the maximum period permitted by CPL 530.13(4)(A); the People conceded the error, and the Appellate Division corrected the end date.
Background
The defendant pleaded guilty to attempted burglary in the third degree in Supreme Court, Kings County. At sentencing on December 1, 2023, the court issued a final order of protection with an expiration date of December 31, 2032. The defendant appealed, challenging only the order’s duration.
Lower Court Decision
Conviction upon a guilty plea to attempted burglary in the third degree, imposition of sentence, and issuance of a final order of protection with an expiration date of December 31, 2032.
Appellate Division Reversal
Modified the order of protection to expire on December 1, 2031, concluding the original duration exceeded the statutory maximum under CPL 530.13(4)(A) [statute governing the issuance and maximum duration of criminal orders of protection upon conviction]. Judgment otherwise affirmed. The court cited People v Jackson, 242 AD3d 903, and People v Williams, 235 AD3d 1017.
Legal Significance
Reaffirms that final criminal orders of protection must comply with the maximum durations set by CPL 530.13(4)(A). Appellate courts will correct an overlong order—especially where the People concede error—by recalculating the permissible end date from the date of sentencing.
In New York criminal cases, a final order of protection may not exceed the statutory maximum under CPL 530.13(4)(A); if it does, the Appellate Division will modify the order’s expiration date and otherwise affirm the judgment.