PEOPLE v. NIEVES


2 N.Y.3d 310 (2004)

811 N.E.2d 13

778 N.Y.S.2d 751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. ISRAEL NIEVES, Appellant-Respondent.

Court of Appeals of the State of New York.

Decided May 6, 2004.


Attorney(s) appearing for the Case

Legal Aid Society of Westchester County, White Plains (Salvatore A. Gaetani and Stephen J. Pittari of counsel), for appellant-respondent.

Jeanine Pirro, District Attorney, White Plains (Richard L. Hecht and Lois Cullen Valerio of counsel), for respondent-appellant.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur.


OPINION OF THE COURT

GRAFFEO, J.

In these cross appeals, we must determine whether orders of protection issued during a sentencing proceeding in a criminal case can be challenged on direct appeal from the judgment of conviction and, if so, whether defendant's arguments on appeal to this Court had to be raised before the sentencing court under our preservation rule. Although we hold that the permanent orders...

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