Opinion
2020–00971 Ind. No. 5957/16
03-16-2022
The PEOPLE, etc., respondent, v. Luis SANCHEZ, appellant.
Patricia Pazner, New York, NY (Sam Feldman of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Patricia Pazner, New York, NY (Sam Feldman of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
MARK C. DILLON, J.P., COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from so much of a judgment of the Supreme Court, Kings County (Matthew J. D'Emic, J.), rendered October 27, 2017, as brings up for review two amended orders of protection issued on January 8, 2020, upon remittitur from this Court for a new determination of the duration of the orders of protection issued at the time of sentencing ( People v. Sanchez, 175 A.D.3d 1567, 106 N.Y.S.3d 884 ).
ORDERED that upon the appeal from the judgment, the amended orders of protection are affirmed.
The defendant's contention that the Supreme Court lacked statutory authority to issue an order of protection in favor of his son was previously rejected by this Court in the prior appeal (see People v. Sanchez, 175 A.D.3d 1567, 106 N.Y.S.3d 884 ), and thus, under the circumstances, the defendant is precluded from having the issue reconsidered (see People v. Bonds, 128 A.D.3d 1083, 1083, 9 N.Y.S.3d 407 ; People v. Boone, 84 A.D.3d 1108, 1109, 925 N.Y.S.2d 512 ).
The defendant's contention that the duration of the amended orders of protection exceed the maximum time limit of CPL 530.12(5) is without merit (see People v. Williams, 19 N.Y.3d 100, 104–105, 945 N.Y.S.2d 629, 968 N.E.2d 983 ; People v. Surdis, 160 A.D.3d 1305, 1307, 75 N.Y.S.3d 356 ; People v. Gonyeau, 144 A.D.3d 1574, 1574–1575, 40 N.Y.S.3d 318 ; People v. Springer, 109 A.D.3d 557, 558, 970 N.Y.S.2d 462 ). The parties’ remaining contentions are without merit.
DILLON, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.