The People of the State of New York v. Orlando Correa
Attorneys and Parties
Brief Summary
Criminal law — scope and duration of post-conviction criminal orders of protection (OOPs) under CPL 530.13.
Accepted defendant’s guilty plea to fifth-degree criminal possession of stolen property (a class A misdemeanor), imposed a one-year conditional discharge, and issued permanent orders of protection in favor of Tilson Yturrino and Beatrice Castillo.
Vacated the order of protection for Tilson Yturrino and corrected the order for Beatrice Castillo to a five-year duration, declaring it expired.
Under CPL 530.13[4] [authorizes a court to issue permanent orders of protection for the benefit of victims and witnesses upon conviction of any offense], an order may protect only victims or witnesses; Yturrino was neither. Under CPL 530.13[4][B] [sets the maximum statutory duration for a class A misdemeanor], the Castillo order could not exceed five years, so any longer term was unlawful and has expired.
Background
Defendant pleaded guilty in Supreme Court, Bronx County, to criminal possession of stolen property in the fifth degree and received a one-year conditional discharge. The court issued permanent criminal orders of protection in favor of Tilson Yturrino and Beatrice Castillo.
Lower Court Decision
The trial court entered judgment of conviction and issued permanent orders of protection protecting both Yturrino and Castillo, with the Castillo order carrying an expiration date that exceeded the statutory maximum for a class A misdemeanor.
Appellate Division Reversal
Modified the judgment by vacating the unlawful order of protection for Yturrino and declaring that the Castillo order should have been limited to five years and has now expired; otherwise affirmed the conviction and sentence. The People were directed to notify Castillo of the order’s expiration.
Legal Significance
Confirms that post-conviction criminal orders of protection under CPL 530.13 may be issued only for victims and witnesses and must adhere to statutory duration caps for the offense level. Courts lack authority to extend protection to non-victims/witnesses or to exceed the statutory maximum duration.
Post-conviction orders of protection under CPL 530.13 must be limited to victims or witnesses and cannot exceed five years for a class A misdemeanor; orders that protect non-victims/witnesses or exceed the statutory maximum are subject to vacatur or correction.