People v. Bleau

In People v. Bleau, 276 A.D.2d 131 (3rd Dept. 2001) the defendant had entered a plea "in full satisfaction" of an incident involving a former girlfriend that had resulted in the issuance of a temporary order of protection under CPL 530.13 (1) containing a specific expiration date. After the plea was entered, but before the temporary order of protection by its terms had expired, the defendant was arrested on charges of criminal contempt first and second degrees and burglary in the second degree. The defendant appealed his convictions arguing that the temporary orders of protection terminated when the underlying criminal case concluded. The Appellate Division agreed holding that "the critical factor in issuing a temporary order of protection under CPL 530.13 (1) is the defendant's status as a charged offender and the pendency of the action." (People v. Bleau, supra, 133.) The court further noted that the temporary order of protection became a nullity "since the record does not reflect the issuance of an order of protection after the defendant entered his plea in the action from which the temporary order emanated...." (People v. Bleau, supra, 133.) As a result, the criminal contempt charges were dismissed.