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People v. Owens

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2009
66 A.D.3d 1428 (N.Y. App. Div. 2009)

Opinion

No. KA 06-00966.

October 2, 2009.

Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered March 16, 2006. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (GRAZINA MYERS OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR RESPONDENT.

Present: Hurlbutt, J.P., Fahey, Peradotto, Green and Pine, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of assault in the first degree (Penal Law § 120.10). Defendant failed to preserve for our review his contention that County Court failed to take into account the five days of jail time credit to which he is entitled in determining the duration of the order of protection ( see People v Nieves, 2 NY3d 310, 315-317), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see CPL 470.15 [a]; People v Bentley, 63 AD3d 1624; People v Ortiz, 43 AD3d 1348, lv denied 9 NY3d 1008). Contrary to defendant's further contention, the sentence is not unduly harsh or severe.


Summaries of

People v. Owens

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 2, 2009
66 A.D.3d 1428 (N.Y. App. Div. 2009)
Case details for

People v. Owens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEYVIO H. OWENS…

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

Date published: Oct 2, 2009

Citations

66 A.D.3d 1428 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 6993
885 N.Y.S.2d 703

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