People v. O'Connor
| Decision Date | 17 February 2016 |
| Parties | The PEOPLE, etc., respondent, v. Michael O'CONNOR, appellant. |
| Court | New York Supreme Court — Appellate Division |
Mark Diamond, New York, N.Y., for appellant, and appellant pro se.
James A. McCarty, Acting District Attorney, White Plains, N.Y. (Virginia A. Marciano, Jennifer Spencer, and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered August 26, 2014, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention, raised in his pro se supplemental brief, that his plea of guilty was not knowing, voluntary, and intelligent, is without merit.
By pleading guilty, the defendant forfeited his contentions regarding alleged prosecutorial misconduct and the sufficiency of the evidence before the grand jury (see People v. Hansen, 95 N.Y.2d 227, 715 N.Y.S.2d 369, 738 N.E.2d 773 ; People v. Woods, 115 A.D.3d 997, 998, 982 N.Y.S.2d 180 ; People v. Devodier, 102 A.D.3d 884, 885, 958 N.Y.S.2d 220 ; People v. Ortiz, 84 A.D.3d 839, 840, 922 N.Y.S.2d 192 ).
The defendant contends that a final order of protection issued at sentencing is invalid because the County Court failed to articulate on the record its reasons for issuing the order as required by CPL 530.13(4). This contention is unpreserved for appellate review, since the defendant did not raise this issue at sentencing or move to amend the final order of protection on this ground (see People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Fortier, 130 A.D.3d 642, 12 N.Y.S.3d 283 ; People v. Sweeney, 106 A.D.3d 841, 842, 966 N.Y.S.2d 120 ; People v. Reynolds, 85 A.D.3d 825, 925 N.Y.S.2d 553 ; People v. Decker, 77 A.D.3d 675, 908 N.Y.S.2d 361 ).
The defendant's remaining contentions are without merit.
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...(see id. at 316–317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Rodriguez, 157 A.D.3d 971, 67 N.Y.S.3d 485 ; People v. O'Connor, 136 A.D.3d 945, 945, 24 N.Y.S.3d 918 ; People v. Ray, 67 A.D.3d 711, 711, 886 N.Y.S.2d 889 ). Nevertheless, we reach these issues in the exercise of our interest......
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...is invalid because County Court failed to state the reasons for issuing it is unpreserved for our review (see People v. O'Connor, 136 A.D.3d 945, 945, 24 N.Y.S.3d 918 [2016], lv. denied 27 N.Y.3d 1073, ––– N.Y.S.3d ––––, –––N.E.3d –––– [2016] ; People v. Bryant, 132 A.D.3d 502, 502, 17 N.Y.......
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...order on this ground (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ; People v. Sweeney, 106 A.D.3d 841, 842, 966 N.Y.S.2d 120 ; People v. Khan, 101 A.D.3d 903, 955 N.Y.S.2d 409 ). In any ev......
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...at sentencing or move to amend the final orders of protection (see People v. Elgut, 164 A.D.3d 1360, 83 N.Y.S.3d 330 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ). We decline to reach this contention in the exercise of our int......