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People v. Petrusch

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 13, 2003
306 A.D.2d 889 (N.Y. App. Div. 2003)

Opinion

KA 02-00120

June 13, 2003.

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

LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT-APPELLANT.

DENNIS N. HAWTHORNE, SR., DISTRICT ATTORNEY, OSWEGO (GREGORY S. OAKES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: GREEN, J.P., HURLBUTT, KEHOE, GORSKI, AND HAYES, JJ.


MEMORANDUM AND ORDER

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.

Memorandum:

On appeal from a judgment convicting him upon his plea of guilty of rape in the third degree (Penal Law 130.25) 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). We agree. We therefore modify the judgment by vacating the order of protection.


Summaries of

People v. Petrusch

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 13, 2003
306 A.D.2d 889 (N.Y. App. Div. 2003)
Case details for

People v. Petrusch

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. STEVEN T…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 13, 2003

Citations

306 A.D.2d 889 (N.Y. App. Div. 2003)
760 N.Y.S.2d 921

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