Appellate Division, Fourth Department
Order of Protection
People v. Lilley
Appealed from Jefferson County Court
Background: The defendant pleaded guilty to criminal contempt in the second degree pursuant to a plea bargain. On appeal, he contended that the judge improperly enhanced the sentence by issuing a stay away order of protection. The order was not part of the plea agreement and had not been discussed during the plea colloquy.
Ruling: The conviction is affirmed. An order of protection may be issued independent of a plea agreement. Although issued at sentencing, it is not part of the sentence. The judge has the power to issue the order in the absence of the victim’s consent.
Peter J. DiGiorgio Jr. for the defendant; Aaron D. Carr for Jefferson County District Attorney’s Office