Can an order be issued against a defendant who is also a defendant in a criminal proceeding?
"New York", United States of America
The following excerpt is from Abe A., Matter of, 437 N.E.2d 265, 452 N.Y.S.2d 6, 56 N.Y.2d 288 (N.Y. 1982):
2 Our decision in People v. Middleton, 54 N.Y.2d 42, 444 N.Y.S.2d 581, 429 N.E.2d 100, supra ) is not to be read as authority for such orders. There the criminal proceeding already had been commenced, so the order was issued against one who already was a defendant. In this circumstance, CPL 240.40 (subd. 2, par. ) would appear to authorize the issuance of such an order.
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