| People v Bennett |
| 2008 NY Slip Op 00728 [48 AD3d 1031] |
| February 1, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Eluid Bennett,Sr., Appellant. (Appeal No. 1.) |
—[*1] Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Elma A. Bellini, J.), renderedFebruary 15, 2005. The judgment convicted defendant, upon his plea of guilty, of criminalmischief in the fourth degree.
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 hisplea of guilty of criminal mischief in the fourth degree (Penal Law § 145.00 [1]) and, inappeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of assault in thethird degree (§ 120.00). Defendant failed to preserve for our review his contentionsconcerning the duration of the orders of protection (see People v Heise, 41 AD3d 1255 [2007]), and we decline toexercise 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]). Present—Scudder,P.J., Centra, Fahey, Green and Pine, JJ.