The People of the State of New York v. Rafael Jimenez
Attorneys and Parties
Brief Summary
Criminal law — correctness of an order of protection (OOP) expiration date where jail-time credit must be applied; review of an unpreserved challenge in the interest of justice.
After a guilty plea to criminal possession of a weapon in the third degree and menacing in the second degree, the court sentenced defendant as a second felony offender and issued an OOP set to expire on February 24, 2032.
Only the portion of the OOP fixing the expiration date to February 24, 2032 was vacated; the case was remanded for a new determination of the OOP duration. The convictions and sentences were otherwise affirmed.
The OOP expiration date was calculated without accounting for the jail-time credit to which defendant is entitled; although unpreserved under People v Nieves, the Appellate Division reached the issue in the interest of justice, and the People conceded the error.
Background
Defendant pleaded guilty to criminal possession of a weapon in the third degree and menacing in the second degree. He was sentenced as a second felony offender to concurrent terms of 2 to 4 years (weapon charge) and one year (menacing), to run concurrently with a sentence under a separate docket. The sentencing court also issued a criminal order of protection (OOP) that, as recorded, would remain in effect until February 24, 2032.
Lower Court Decision
The Supreme Court, New York County, accepted the plea, imposed the noted concurrent sentences, and set an OOP expiration date in 2032 without expressly deducting jail-time credit.
Appellate Division Reversal
Modified, in the interest of justice, to vacate only the OOP's stated expiration date and remand for recalculation of the OOP duration to reflect defendant’s jail-time credit. Pending the new determination, the OOP remains in effect. All other aspects of the judgment are affirmed.
Legal Significance
Confirms that when setting the duration of a criminal order of protection, courts must consider applicable jail-time credit; the Appellate Division may correct an unpreserved error in the interest of justice, particularly where the People concede the miscalculation.
An order of protection’s expiration must account for jail-time credit; if overlooked, the Appellate Division will modify and remand for a correct duration even absent preservation, while leaving the OOP in effect pending recalculation.