Opinion
KA 01-00659
May 3, 2002.
Appeal from a judgment of Steuben County Court (Latham, J.), entered November 27, 2000, convicting defendant upon his plea of guilty of felony driving while intoxicated.
BONNIE BURGIO, WATERTOWN, FOR DEFENDANT-APPELLANT.
JOHN C. TUNNEY, DISTRICT ATTORNEY, BATH (BROOKS T. BAKER OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, BURNS, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant failed to preserve for our review his contention that County Court deviated from its sentencing promise by issuing an order of protection at the time of sentencing ( see People v. Warren, 280 A.D.2d 75, 77; see also People v. Sanders, 163 A.D.2d 616, lv denied 76 N.Y.2d 944). In any event, that contention is without merit. An order of protection may properly be issued independent of a plea agreement ( see Warren, 280 A.D.2d at 77; People v. Roman, 243 A.D.2d 831; People v. Oliver, 182 A.D.2d 716). Defendant's further contention that the court in sentencing defendant relied on prejudicial information that was improperly included in the presentence investigation report is also unpreserved for our review ( see People v. Young, 186 A.D.2d 1072; People v. Walworth, 167 A.D.2d 622, 623) and, in any event, is without merit inasmuch as defendant received the bargained-for sentence.