People v. Peters

Appellate Division of the Supreme Court of New York

People v. Peters

232 A.D.2d 432, 648 N.Y.S.2d 447, 1996 N.Y. App. Div. LEXIS 9880

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 7, 1996

StatusPublished

Cited by3 cases

This text of 232 A.D.2d 432 (People v. Peters) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Peters, 232 A.D.2d 432, 648 N.Y.S.2d 447, 1996 N.Y. App. Div. LEXIS 9880 (N.Y. Ct. App. 1996).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered July 31, 1995, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court improperly issued a permanent order of protection in favor of the victim at sentencing because such order of protection was not a part of the plea agreement. Since the defendant failed to object to the issuance of the order of protection at sentencing, this contention is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, an order of protection may be issued independent of a plea agreement (see, CPL 530.13 [4]; People v Ela, 226 AD2d 474; People v Oliver, 182 AD2d 716). Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (Leavitt, J.), rendered July 31, 1995, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the court improperly issued a permanent order of protection in favor of the victim at sentencing because such order of protection was not a part of the plea agreement. Since the defendant failed to object to the issuance of the order of protection at sentencing, this contention is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, an order of protection may be issued independent of a plea agreement (see, CPL 530.13 [4]; People v Ela, 226 AD2d 474; People v Oliver, 182 AD2d 716). Mangano, P. J., O’Brien, Pizzuto, Goldstein and Luciano, JJ., concur.

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Bluebook (online)

232 A.D.2d 432, 648 N.Y.S.2d 447, 1996 N.Y. App. Div. LEXIS 9880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peters-nyappdiv-1996.

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