Opinion
2017-08299 Ind. No. 9829/15
05-27-2020
The PEOPLE, etc., Respondent, v. Mercedes ORTIZ, Appellant.
Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Arieh Schulman of counsel; Alex Randazzo on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (Michael Arthus of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Arieh Schulman of counsel; Alex Randazzo on the brief), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.
DECISION & ORDER
ORDERED that upon the appeal from the judgment, the order of protection issued in favor of Monique L. at the time of sentencing is vacated, as a matter of discretion in the interest of justice; and it is further,
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court improperly issued an order of protection in favor of Monique L. is unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves , 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ), but we nevertheless reach the issue in the exercise of our interest of justice jurisdiction. As the defendant contends, the Supreme Court had no authority to issue an order of protection in favor of Monique L., as she was neither a victim of the crime nor a witness to the crime to which the defendant pleaded guilty (see CPL 530.13[4] ; People v. Hanniford , 174 A.D.3d 921, 922, 103 N.Y.S.3d 318 ; People v. Cooke , 119 A.D.3d 1399, 1401, 989 N.Y.S.2d 753, affd 24 N.Y.3d 1196, 3 N.Y.S.3d 755, 27 N.E.3d 469 ; People v. Raduns , 70 A.D.3d 1355, 896 N.Y.S.2d 541 ).
Accordingly, we vacate the order of protection issued in favor of Monique L. at the time of sentencing.
AUSTIN, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.