People v. McClemore
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
CPL 530.13 (4) provides a court with discretion to enter an order of protection “[u]pon conviction of any offense.” When a defendant is convicted of a felony, “[t]he duration of such an order shall be fixed by the court and . . . shall not exceed the greater of: (i) five years from the date of such conviction, or (ii) three years from the date of the expiration of the maximum term of an indeterminate or the term of a determinate sentence of imprisonment actually imposed” (CPL 530.13 [4]).
Here, defendant…
2Cases cited1 opinion
- People v. NievesNew York Court of Appeals · 2004
3Cited by3 opinions
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2006
- People ex rel. Kon v. Lynelle Maginley-LiddieNew York Court of Appeals · 2025
- People v. ScocozzaAppellate Division of the Supreme Court of the State of New York · 2023