PEOPLE v. PETRUSCH

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.