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PEOPLE v. McCLEMORE

4 N.Y.3d 821 (2005)

830 N.E.2d 249

797 N.Y.S.2d 351

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO McCLEMORE, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 2005.

Attorney(s) appearing for the Case

Gary A. Horton, Public Defender, Batavia (Bridget L. Field of counsel), for appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

CPL 530.13 (4) provides a court with discretion to enter an order of protection "[u]pon conviction of any offense." When a defendant is convicted of a felony, "[t]he duration of such an order shall be fixed by the court and . . . shall not exceed the greater of: (i) five years from the date of such conviction, or (ii) three years from the date of the expiration...

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