| People v Clark |
| 2008 NY Slip Op 06897 [54 AD3d 1099] |
| September 18, 2008 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v David Clark,Appellant. |
—[*1] Richard J. McNally Jr., District Attorney, Troy (Robert D. Seymour of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of Rensselaer County (McGrath, J.),rendered May 26, 2006, convicting defendant upon his plea of guilty of the crime of burglary inthe second degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to burglary in the seconddegree. County Court thereafter sentenced defendant as negotiated to 13 years in prison, to runconcurrent to a sentence which he was already serving out of Columbia County, along with fiveyears of postrelease supervision. The court also directed that defendant pay restitution in theamount of $232.99 and issued two orders of protection. Defendant now appeals.
Defendant's failure to raise the appropriate objections has rendered unpreserved for ourreview his claims that County Court (1) erred in relying upon a presentence investigation reportthat had been prepared six months earlier in connection with the Columbia County case (see People v Harrington, 3 AD3d737, 739 [2004]), (2) illegally ordered restitution (see People v Waugh, 52 AD3d 853, 856 [2008]), (3) improperlyadjudicated defendant to be a second felony offender (see People v Ochs, 16 AD3d 971, 971 [2005]), and (4) exceeded itsauthority in issuing one of the two orders of protection in favor of a person who was neverconfirmed to be either a victim or a witness (see People v Shampine, 31 AD3d 1163, 1164 [2006]).Accordingly, the judgment is affirmed.[*2]
Cardona, P.J., Peters, Rose and Kavanagh, JJ., concur.Ordered that the judgment is affirmed.