Opinion
11-10-2016
The PEOPLE of the State of New York, Respondent, v. Ronald GONYEAU, Jr., Defendant–Appellant.
Robert Tucker, Palmyra, for defendant-appellant. Richard M. Healy, District Attorney, Lyons (Bruce A. Rosekrans of Counsel), for respondent.
Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered April 14, 2015. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.
Robert Tucker, Palmyra, for defendant-appellant.
Richard M. Healy, District Attorney, Lyons (Bruce A. Rosekrans of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law § 120.10[1] ). Defendant failed to preserve for our review his contention that County Court erred in calculating the expiration date of the order of protection (see People v. Cooke, 119 A.D.3d 1399, 1401, 989 N.Y.S.2d 753, affd. 24 N.Y.3d 1196, 3 N.Y.S.3d 755, 27 N.E.3d 469, cert. denied ––– U.S. ––––, 136 S.Ct. 542, 193 L.Ed.2d 434 ). In any event, that contention lacks merit inasmuch as a period of postrelease supervision may be included in calculating the maximum legal expiration date of an order of protection (see CPL 530.12[5][A][ii] ; People v. Williams, 19 N.Y.3d 100, 101–102, 945 N.Y.S.2d 629, 968 N.E.2d 983 ; Cooke, 119 A.D.3d at 1401, 989 N.Y.S.2d 753 ). Finally, we reject defendant's contention that the sentence is unduly harsh and severe.It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CENTRA, CARNI, CURRAN, and TROUTMAN, JJ., concur.