People v. Petrusch

Appellate Division of the Supreme Court of New York

People v. Petrusch

306 A.D.2d 889, 760 N.Y.S.2d 921, 2003 N.Y. App. Div. LEXIS 6725

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2003

StatusPublished

Cited by4 cases

This text of 306 A.D.2d 889 (People v. Petrusch) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Petrusch, 306 A.D.2d 889, 760 N.Y.S.2d 921, 2003 N.Y. App. Div. LEXIS 6725 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Appeal from a judgment of Oswego County Court (Hafrier, Jr., J.), entered March 2, 2001, convicting defendant upon his plea of guilty of rape in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the order of protection and as modified the judgment is affirmed.

[890]*890Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law § 130.25 [2]) arising from his sexual relations with a 16-year-old girl, defendant contends that County Court erred in granting an order of protection in favor of defendant’s wife inasmuch as defendant was not “convict [ed] of any crime or violation between spouses, parent and child, or between members of the same family or household” (CPL 530.12 [5]). We agree. We therefore modify the judgment by vacating the order of protection. Present — Green, J.P., Hurlbutt, Kehoe, Gorski and Hayes, JJ.

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—Appeal from a judgment of Oswego County Court (Hafrier, Jr., J.), entered March 2, 2001, convicting defendant upon his plea of guilty of rape in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the order of protection and as modified the judgment is affirmed.

[890]*890Memorandum: On appeal from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law § 130.25 [2]) arising from his sexual relations with a 16-year-old girl, defendant contends that County Court erred in granting an order of protection in favor of defendant’s wife inasmuch as defendant was not “convict [ed] of any crime or violation between spouses, parent and child, or between members of the same family or household” (CPL 530.12 [5]). We agree. We therefore modify the judgment by vacating the order of protection. Present — Green, J.P., Hurlbutt, Kehoe, Gorski and Hayes, JJ.

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Bluebook (online)

306 A.D.2d 889, 760 N.Y.S.2d 921, 2003 N.Y. App. Div. LEXIS 6725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-petrusch-nyappdiv-2003.

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