Crimes - Order of Protection - Order for the Benefit of Victims and Witnesses Inappropriate

Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J.), rendered June 14, 2019, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fifth degree and sentencing him to a conditional discharge for a period of one year, unanimously modified, on the law, to the extent of vacating the order of protection issued in favor of T.Y., and declaring that the order of protection in favor of B.C. should have had a duration of five years and has expired, and otherwise affirmed.

As the People concede, the order of protection covering Y. and issued against defendant was unlawful and should be vacated where Y. "was neither a victim of, nor a witness to, the crimes of which defendant was convicted" (People v Gordon, 201 AD3d 443, 444 [1st Dept 2022], lv denied 38 NY3d 950 [2022]; see also People v Nieves, 2 NY3d 310, 315 [2004] ["CPL 530.13 (4) authorizes a court to issue permanent orders of protection for the benefit of victims and witnesses '(u)pon conviction of any offense' "]).

The expiration date of the order of protection in favor of B.C. exceeds the maximum statutory duration for a class A misdemeanor (see CPL 530.13 [4] [B]). Accordingly, the People are directed to notify B.C. that the term of the order of protection has expired. Concur—Manzanet-Daniels, J.P., Moulton, González, Rosado, Chan, JJ.