Opinion
2014-02-7
The PEOPLE of the State of New York, Respondent, v. Timothy WOOD, Defendant–Appellant.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered February 16, 2010. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree. Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nicole M. Fantigrossi of Counsel), for Respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Joseph D. Valentino, J.), rendered February 16, 2010. The judgment convicted defendant, upon his plea of guilty, of assault in the second degree.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nicole M. Fantigrossi of Counsel), for Respondent.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of assault in the second degree ( Penal Law § 120.05[3] ), defendant contends that Supreme Court violated CPL 530.13 (former [4][a] ) by issuing an order of protection in favor of a person who was neither a victim of nor a witness to the crime of which he was convicted. Defendant failed to preserve his contention for our review ( see People v. Nieves, 2 N.Y.3d 310, 316–317, 778 N.Y.S.2d 751, 811 N.E.2d 13; People v. Brown, 96 A.D.3d 1561, 1563, 946 N.Y.S.2d 761, lv. denied19 N.Y.3d 1024, 953 N.Y.S.2d 557, 978 N.E.2d 109; People v. Kulyeshie, 71 A.D.3d 1478, 1479, 895 N.Y.S.2d 909, lv. denied14 N.Y.3d 889, 903 N.Y.S.2d 777, 929 N.E.2d 1012), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( seeCPL 470.15[6][a] ). Contrary to defendant's further contention, this case does not fall within the “ ‘narrow exception to the preservation rule’ ... where a court exceeds its powers and imposes a sentence that is illegal in a respect that is readily discernible from the trial record” (Nieves, 2 N.Y.3d at 315, 778 N.Y.S.2d 751, 811 N.E.2d 13).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., SMITH, CENTRA, CARNI, and WHALEN, JJ., concur.