People v. Koertge

OPINION OF THE COURT

Michael A. Fiechter, J.

DECISION UPON MOTION

Defendant’s motion challenges the constitutionality of CPL 530.12 and 530.13, arguing that the failure of these statutes to provide for an adversarial evidentiary hearing — at defendant’s request — before a temporary order of protection is issued or continued deprives defendant and others similarly situated of due process guarantees of the Fifth and Fourteenth Amendments to the United States Constitution and article I, § 6 of the New York Constitution.

This court finds that CPL 530.12 and 530.13 are constitutional as written and…