Opinion
2017–09143 2017-09144 Ind. Nos. 142/16, 24/17
10-23-2019
The PEOPLE, etc., Respondent, v. Kashif JOHNSON, Appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, COLLEEN D. DUFFY, JJ.
DECISION & ORDER Appeals by the defendant from two judgments of the County Court, Dutchess County (Peter M. Forman, J.), both rendered August 10, 2017, convicting him of aggravated family offense under Indictment No. 142/16, and operating a motor vehicle while under the influence of alcohol or drugs in violation of Vehicle and Traffic Law § 1192(2) under Indictment No. 24/17, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's contention that his pleas were not knowing, voluntary, and intelligent due to the County Court's failure, at sentencing, to impose the type of order of protection that had allegedly been promised at the plea proceeding is unpreserved for appellate review (see People v. Lassiter, 143 A.D.3d 917, 917, 38 N.Y.S.3d 917 ) and, in any event, belied by the record of the plea proceeding. Moreover, the court was not required to inform the defendant at the plea proceeding that it would be entering an order of protection at sentencing, since an "order of protection [is] not part of the sentence" ( People v. Margillo, 69 A.D.3d 655, 656, 893 N.Y.S.2d 170 ).
The County Court providently exercised its discretion in denying the defendant's request to adjourn the sentencing hearing (see People v. Davis, 118 A.D.3d 906, 908, 988 N.Y.S.2d 217 ).
CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.