Opinion
No. 758 Ind No. 1557/16 No. 2018-2400
10-12-2023
The People of the State of New York, Respondent, v. Jerry Calderon, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Emily A. Aldridge of counsel), for respondent.
Before: Webber, J.P., Kern, Singh, Scarpulla, Rosado, JJ.
Judgment, Supreme Court, Bronx County (Marc J. Whiten, J.), rendered November 20, 2017, convicting defendant, upon his plea of guilty, of attempted burglary in the third degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the order of protection, and otherwise affirmed.
The sentencing court failed to "state on the record the reasons for issuing [a final] order of protection" where a temporary order of protection had previously been issued (CPL 530.13 [4]). Accordingly, the order of protection should be vacated (see People v Moncrieft, 168 A.D.3d 982 [2d Dept 2019], lv denied 33 N.Y.3d 951 [2019]). As the People concede, defendant is entitled to this relief.