People v. Zacher – Case Brief Summary (New York)

In People v. Zacher (31 Misc 3d 1218[A], 927 NYS2d 819, 2011 NY Slip Op 50721[U] [Sup Ct, Monroe County 2011]), the defendant was sentenced to two concurrent life sentences, without the possibility of parole, for the murder of his wife and daughter, and the county court also issued a five-year no-contact order of protection.

When the orders of protection were about to expire, the People requested that the County Court amend an order of protection to extend the expiration date of the orders, and the defendant objected.

The Monroe County Court held that it had the authority to amend the order of protection, even over the defendant's objection.

The court further held that a sentencing court can retain jurisdiction over orders of protection, so that adjustments necessitated by subsequent events can be made as efficiently as possible, as the sentencing court is "in the best position to amend permanent orders of protection, the better practice--and best use of judicial resources--is for a defendant seeking adjustment of such an order to request relief from the issuing court in the first instance".