Legal Opinion

People v. McClemore

New York Court of Appeals

Decided March 31, 2005PublishedCited by 3 opinions

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

  1. People v. NievesNew York Court of Appeals · 2004

3Cited by3 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2006
  2. People ex rel. Kon v. Lynelle Maginley-LiddieNew York Court of Appeals · 2025
  3. People v. ScocozzaAppellate Division of the Supreme Court of the State of New York · 2023

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