| People v Myers |
| 2007 NY Slip Op 09825 [46 AD3d 1028] |
| December 13, 2007 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v James N.Myers, Jr., Appellant. |
—[*1] Patricia A. DeAngelis, District Attorney, Troy (Anne L.V. Coonrad of counsel), forrespondent.
Crew III, J. Appeal from a judgment of the Supreme Court (Cholakis, J.), renderedNovember 20, 2006 in Rensselaer County, convicting defendant upon his plea of guilty of thecrime of harassment in the second degree.
Stemming from an incident wherein defendant threatened his former spouse at herworkplace, defendant pleaded guilty to the crime of harassment in the second degree. Defendantsubsequently was sentenced to time served and an order of protection for one year was issued.Defendant now appeals, contending both that his plea was involuntary and that Supreme Courterred in not issuing the limited order of protection promised in the plea agreement. We affirm.
As defendant failed to move to withdraw his plea or vacate his judgment of conviction, hischallenge to the voluntariness of his plea is not preserved for our review (see People v Bagley, 34 AD3d 992[2006], lv denied 8 NY3d 878 [2007]; People v Evans, 27 AD3d 905, 906 [2006], lv denied 6NY3d 847 [2006]). Likewise, defendant's challenge that Supreme Court's issuance of a fullstay-away order of protection was not part of his plea agreement was not preserved for review(see People v Nieves, 2 NY3d310, 315-317 [2004]; People vReid, 21 AD3d 1215, 1216 [2005]) and, based upon the particular facts of this case, wedecline to grant defendant any relief in the interest of justice (see People v Robinson, 42 AD3d 581, 582 [2007]).[*2]
Cardona, P.J., Peters, Spain and Carpinello, JJ., concur.Ordered that the judgment is affirmed.