| People v Owens |
| 2009 NY Slip Op 06993 [66 AD3d 1428] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Keyvio H.Owens, Appellant. |
—[*1] Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), renderedMarch 16, 2006. The judgment convicted defendant, upon his plea of guilty, of assault in the firstdegree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea ofassault in the first degree (Penal Law § 120.10 [1]). Defendant failed to preserve for ourreview his contention that County Court failed to take into account the five days of jail timecredit to which he is entitled in determining the duration of the order of protection (see People v Nieves, 2 NY3d 310,315-317 [2004]), and we decline to exercise our power to review that contention as a matter ofdiscretion in the interest of justice (see CPL 470.15 [6] [a]; People v Bentley, 63 AD3d 1624[2009]; People v Ortiz, 43 AD3d1348 [2007], lv denied 9 NY3d 1008 [2007]). Contrary to defendant's furthercontention, the sentence is not unduly harsh or severe. Present—Hurlbutt, J.P., Fahey,Peradotto, Green and Pine, JJ.