Opinion
2022-04126 Ind. No. 70568/21
06-28-2023
The PEOPLE, etc., respondent, v. Jason GONZALEZ, appellant.
Patricia Pazner, New York, NY (David P. Greenberg of counsel; Russ Altman–Merino on the memorandum), for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Thomas B. Litsky of counsel), for respondent.
Patricia Pazner, New York, NY (David P. Greenberg of counsel; Russ Altman–Merino on the memorandum), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Thomas B. Litsky of counsel), for respondent.
FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, DEBORAH A. DOWLING, JANICE A. TAYLOR, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Lisa Grey, J.), rendered May 13, 2022. The appeal brings up for review an order of protection issued at the time of sentencing. ORDERED that upon the appeal from the judgment, the portions of the order of protection that were in favor of Christopher Bailey, Philip Bocchino, and Nelson Ortega are vacated, as a matter of discretion in the interest of justice; and it is further,
ORDERED that the judgment is affirmed.
As the People correctly concede, the Supreme Court had no authority to issue an order of protection in favor of Christopher Bailey, Philip Bocchino, and Nelson Ortega, since these individuals were neither victims of, nor witnesses to, the crime to which the defendant entered a plea of guilty (see CPL 530.13[4] ; People v. Rosales, 198 A.D.3d 988, 157 N.Y.S.3d 45 ; People v. Grimes, 195 A.D.3d 642, 144 N.Y.S.3d 634 ; People v. Hanniford, 174 A.D.3d 921, 103 N.Y.S.3d 318 ). Accordingly, we vacate those portions of the order of protection that were issued in favor of those individuals.
CONNOLLY, J.P., CHAMBERS, MILLER, DOWLING and TAYLOR, JJ., concur.