People v Jackson, Samuel
Attorneys and Parties
Brief Summary
Criminal law — duration of criminal court orders of protection under CPL 530.13(4)(A) [authorizes criminal courts to issue orders of protection and caps their duration (up to 8 years for a felony conviction and 5 years for a misdemeanor)].
After a guilty plea to assault in the second degree, the Supreme Court, Richmond County, imposed sentence and issued a final order of protection set to expire on February 7, 2032.
Only the expiration date of the order of protection was modified—from February 7, 2032 to February 7, 2031; the conviction and sentence were otherwise affirmed.
The order of protection exceeded the statutory maximum duration under CPL 530.13(4)(A), and the People conceded the error.
Background
Samuel Jackson appealed from a judgment convicting him of assault in the second degree upon his guilty plea. The appeal brought up for review the final order of protection issued at sentencing, which the sentencing court set to expire nearly nine years later (February 7, 2032).
Lower Court Decision
The Supreme Court, Richmond County (Lisa Grey, J.), accepted the guilty plea, imposed sentence, and issued a final order of protection running until and including February 7, 2032.
Appellate Division Reversal
The Appellate Division modified the order of protection to expire on February 7, 2031 (an 8-year cap from the February 8, 2023 sentencing, calculated to the day), and otherwise affirmed the judgment, noting the People's concession and citing People v Lloyd, 235 AD3d 900, 901, and People v Villan, 234 AD3d 717, 718.
Legal Significance
Reaffirms that final criminal orders of protection must not exceed the statutory duration limit set by CPL 530.13(4)(A). Appellate courts will modify an overlong order—even on a guilty-plea appeal—particularly where the People concede the error.
In felony cases, final orders of protection issued at sentencing cannot exceed eight years from sentencing; if they do, appellate courts will correct the expiration date.