Opinion
No. 2020-04232 Ind. No. 72/19
07-13-2022
The People of the State of New York, respondent, v. Blair Bretton, appellant.
Mark Diamond, New York, NY, for appellant. Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher of counsel), for respondent.
Mark Diamond, New York, NY, for appellant.
Thomas E. Walsh II, District Attorney, New City, NY (Jacob B. Sher of counsel), for respondent.
ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Larry J. Schwartz, J.), rendered August 6, 2019, convicting him of criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted, upon his plea of guilty, of one count of criminal sexual act in the first degree. At sentencing, an order of protection was entered in favor of the complainant.
The defendant's contention that his plea of guilty was not knowingly, intelligently, and voluntarily entered is unpreserved for appellate review, as he did not move to withdraw his plea or otherwise raise this issue before the County Court (see People v Avilacruz, 172 A.D.3d 1398, 1398). In any event, the defendant's contention is without merit (see People v Lopez, 71 N.Y.2d 662, 666; People v Avilacruz, 172 A.D.3d at 1398).
The defendant's contentions regarding the order of protection are unpreserved for appellate review (see CPL 470.05[2]; People v Nieves, 2 N.Y.3d 310, 316-317; People v Devore, 202 A.D.3d 707, 708; People v Shaquan G., 194 A.D.3d 744). Under the circumstances, we decline to reach these contentions in the exercise of our interest of justice jurisdiction (see CPL 470.15[6][a]; People v Bazelais, 205 A.D.3d 728; People v Lopez, 200 A.D.3d 805, 806).
The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.
IANNACCI, J.P., MILLER, GENOVESI and FORD, JJ., concur.