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People v. Schrom

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 2009
60 A.D.3d 1378 (N.Y. App. Div. 2009)

Opinion

No. KA 08-00375.

March 20, 2009.

Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered March 6, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the second degree.

SHIRLEY A. GORMAN, ALBION, FOR DEFENDANT-APPELLANT.

R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JEFFREY L. TAYLOR OF COUNSEL), FOR RESPONDENT.

Before: Hurlbutt, J.P., Martoche, Fahey, Carni and Gorski, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25). Defendant failed to preserve for our review his contention that County Court erred in setting the duration of the order of protection pursuant to the version of CPL 530.13 (4) in effect at the time the judgment was rendered rather than the version in effect at the time of his commission of the crime, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see People v Ruz, 70 NY2d 942; People v Whitfield, 50 AD3d 1580, lv denied 10 NY3d 965).


Summaries of

People v. Schrom

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 2009
60 A.D.3d 1378 (N.Y. App. Div. 2009)
Case details for

People v. Schrom

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALLACE R. SCHROM…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 20, 2009

Citations

60 A.D.3d 1378 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 2128
874 N.Y.S.2d 837

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