WHITE PLAINS – A man convicted of attempted assault in 2018 was sentenced to seven years in prison and served with an order of protection that is in effect until 2036, has won an appeal regarding the length of the order of protection.
At his sentencing in 2018, Jasmin Harris was served with an order of protection on behalf of his victim. The court at sentencing said “The Supreme Court set the duration of an order of protection issued at the time of
sentencing as “September 20, 2036, less the defendant’s jail time credit, which is to be computed
by the applicable department of correction.”
Harris appealed the length of the order, claiming that it was faulty because it lacked a specific expiration date. During the appeal, the Westchester District Attorney’s office conceded that the wording regarding the expiration date was flawed.
In rendering the decision of the appeal, the judges said the lower court “effectively failed to set a definite expiration date, and thus, duration, for the order of protection,” rendering it invalid. In the May 4th decision, the Appellate Court invalidated the original order of protection and sent the case back to the Westchester Court for a new determination of the duration of the order of protection.
