A New York appellate court has modified an order of protection issued against Tameka Newman, who was convicted of attempted assault in the second degree. The decision, made on June 3, 2026, by the Appellate Division of the Supreme Court of the State of New York, addresses the duration of the protection order and confirms Newman's conviction.

The ruling affects Newman, who had pleaded guilty to the charges, and clarifies the legal limits regarding the length of protective orders in such cases. This decision is significant as it reinforces the legal standards that govern the issuance of protective orders in New York.

Background

The case involves Tameka Newman, the appellant, and the People of the State of New York, the respondent. Newman was convicted in Kings County for attempted assault in the second degree. She entered a guilty plea, which led to her sentencing on January 3, 2024. During the sentencing, an order of protection was issued, but the specific duration of that order was not clearly communicated to her.

Newman appealed the judgment, raising concerns about the length of the order of protection. The order originally stated that it would remain in effect until January 3, 2033, which exceeded the maximum duration allowed under New York law. This prompted the appellate court to review the case and determine whether the order should be modified.

The Ruling

The court ruled that the order of protection was indeed too long. They noted, "the duration of the order of protection exceeded the maximum period permissible under CPL 530.13(4)(A), which was eight years from the date of imposition of the defendant's definite sentence of 364 days' incarceration." As a result, the court modified the order, changing its expiration date to January 2, 2032.

The decision was made by a panel of judges, including Cheryl E. Chambers, Linda Christopher, Carl J. Landicino, and Phillip Hom. The judges concluded that Newman did not have a practical ability to object to the order's duration at the time of sentencing, as the court did not announce this detail during the proceedings. This aspect was crucial in the court's decision to modify the order.

Impact

This ruling has important implications for future cases involving protective orders in New York. It reinforces the necessity for courts to clearly communicate the terms of protective orders, particularly their duration, at the time of sentencing. The modification of Newman's order serves as a reminder to legal practitioners about the importance of adhering to statutory limits when issuing protective orders.

Moreover, this case sets a precedent for similar situations where defendants may not have the opportunity to contest the terms of an order issued during sentencing. The appellate court's decision highlights the need for transparency in legal proceedings, ensuring that defendants understand the implications of the orders placed against them.

What's Next

Details were not available in the court filing regarding whether Newman plans to appeal the modified order or if there are any related cases pending. However, the ruling stands as a significant legal clarification regarding protective orders in the state.