| People v Ortiz |
| 2007 NY Slip Op 07153 [43 AD3d 1348] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Julio Ortiz,Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (John R. Schwartz, A.J.), renderedDecember 5, 2003. The judgment convicted defendant, upon his plea of guilty, of burglary in thefirst degree, aggravated criminal contempt and criminal contempt in the first degree (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofburglary in the first degree (Penal Law § 140.30 [2]), aggravated criminal contempt(§ 215.52) and two counts of criminal contempt in the first degree (§ 215.51 [b] [iii],[iv]). Defendant failed to preserve for our review his contention that the plea was not knowingly,voluntarily or intelligently entered inasmuch as he failed to move to withdraw the plea or tovacate the judgment of conviction (seePeople v Maysonet, 38 AD3d 1330 [2007]). Defendant also failed to preserve for ourreview his contention that County Court failed to impose the sentence promised pursuant to theterms of the plea agreement (see Peoplev Mariani, 6 AD3d 1206 [2004], lv denied 3 NY3d 643 [2004]), and we declineto exercise our power to review that contention as a matter of discretion in the interest of justice(see CPL 470.15 [6] [a]). Finally, defendant failed to preserve for our review hiscontention that he was entitled to jail time credit with respect to the duration of the order ofprotection, and we decline to exercise our power to review that contention as a matter ofdiscretion in the interest of justice (seePeople v Heise, 41 AD3d 1255 [2007]; People v Ginter, 23 AD3d 1064, 1065 [2005], lv denied 6NY3d 776 [2006]). Present—Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.