Crimes - Order of Protection - Expiration Date

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered May 30, 2024. The judgment convicted defendant upon his plea of guilty of criminal contempt in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by amending the order of protection and as modified the judgment is affirmed, and the matter is remitted to Cayuga County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [c]). Defendant contends, and the People correctly concede, that County Court erred in setting the expiration date of the order of protection. Although defendant failed to preserve that contention for our review (see People v Nieves, 2 NY3d 310, 315-316 [2004]; People v Coleman, 145 AD3d 1641, 1642 [4th Dept 2016], lv denied 29 NY3d 947 [2017]), we exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; People v Lopez, 151 AD3d 1649, 1650 [4th Dept 2017], lv denied 29 NY3d 1129 [2017]; People v Richardson, 134 AD3d 1566, 1567 [4th Dept 2015], lv denied 27 NY3d 1074 [2016]). We modify the judgment by amending the order of protection, and we remit the matter to County Court to determine, and to specify in the order of protection, an expiration date that is in accordance with CPL 530.12 (5) (A). Present—Whalen, P.J., Lindley, Ogden, Nowak and DelConte, JJ.