People v. Bennett, 48 A.D.3d 1031

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

Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of criminal mischief in the fourth degree (Penal Law § 145.00 [1]) and, in appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of assault in the third degree (§ 120.00). Defendant failed to preserve for our review his contentions concerning the duration of the orders of protection (see People v Heise, 41 AD3d 1255 [2007]), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]; Heise, 41 AD3d 1255 [2007]).

Case Details

Case Name: People v. Bennett

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Feb 1, 2008

Citations: 48 A.D.3d 1031; 849 N.Y.S.2d 836; Appeal No. 1

Docket Number: Appeal No. 1

Court Abbreviation: N.Y. App. Div.