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People v. Monacelli

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 2002
299 A.D.2d 916 (N.Y. App. Div. 2002)

Opinion

KA 01-01399

November 15, 2002.

Appeal from a judgment of Orleans County Court (Noonan, J.), entered February 8, 2001, convicting defendant upon his plea of guilty of attempted burglary in the first degree.

JUDY L. JOHNSON, LOCKPORT, FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., GREEN, SCUDDER, BURNS, AND GORSKI, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the first degree (Penal Law § 110.00, 140.30). By pleading guilty, defendant forfeited his present contention that the grand jury proceedings were impaired, inasmuch as the alleged error did not render the accusatory instrument jurisdictionally defective ( see People v. Hansen, 95 N.Y.2d 227, 230-231; People v. Davis, 289 A.D.2d 1069, lv denied 97 N.Y.2d 753; People v. Robertson, 279 A.D.2d 711, lv denied 96 N.Y.2d 805). Contrary to defendant's further contention, County Court did not abuse its discretion in issuing an order of protection ( see generally CPL 530.13). The court was not required to obtain the consent of the person for whose benefit the order of protection was issued, and an order of protection "may be issued independent of a plea agreement" ( People v. Roman, 243 A.D.2d 831, 831; cf. People v. Warren, 280 A.D.2d 75, 77). Also contrary to defendant's contention, the issuance of the order of protection does not render the sentence unduly harsh or severe.


Summaries of

People v. Monacelli

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 2002
299 A.D.2d 916 (N.Y. App. Div. 2002)
Case details for

People v. Monacelli

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CHARLES G…

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

Date published: Nov 15, 2002

Citations

299 A.D.2d 916 (N.Y. App. Div. 2002)
750 N.Y.S.2d 690

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