People of the State of New York v. Dustin A. Loveland
Attorneys and Parties
Brief Summary
Criminal procedure—whether the expiration date of a criminal order of protection must account for jail-time credit under New York Criminal Procedure Law (CPL) 530.12 (5) [governing orders of protection in criminal cases and tying their duration to the sentence imposed].
County Court issued an order of protection with an expiration date that did not account for defendant’s jail-time credit.
The appellate court modified the judgment by amending the order of protection and remitted for the court to determine jail-time credit and set a compliant expiration date; the conviction and sentence were otherwise affirmed.
Under CPL 530.12 (5), the order of protection’s duration must reflect jail-time credit (see People v Mingo and progeny). Although unpreserved under People v Nieves, the court exercised interest-of-justice review pursuant to CPL 470.15 (3) (c) [authorizing review of unpreserved issues in the interest of justice].
Background
Defendant pleaded guilty to assault in the second degree under Penal Law § 120.05 (2) [assault causing physical injury with a deadly weapon or dangerous instrument] and was sentenced. County Court also issued a criminal order of protection protecting the victim. On appeal, defendant argued the court set the order’s expiration date without deducting jail-time credit.
Lower Court Decision
County Court accepted the guilty plea to assault in the second degree, sentenced defendant, and issued an order of protection with an expiration date that did not consider jail-time credit.
Appellate Division Reversal
The Appellate Division modified the judgment by directing amendment of the order of protection and remitted to determine the jail-time credit and specify a compliant expiration date under CPL 530.12 (5). The court reached the unpreserved claim in the interest of justice under CPL 470.15 (3) (c). The sentence was held not unduly harsh or severe, and the judgment was otherwise affirmed.
Legal Significance
Reaffirms that criminal orders of protection must reflect jail-time credit when setting expiration dates under CPL 530.12 (5), and confirms the Appellate Division’s willingness to correct such errors as a matter of discretion in the interest of justice even when the claim is unpreserved.
In New York criminal cases, an order of protection’s expiration must be calculated to account for jail-time credit; appellate courts may modify and remit to correct this error even absent preservation.