| People v Halter |
| 2009 NY Slip Op 07012 [66 AD3d 1442] |
| October 2, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Robert Halter,Appellant. |
—[*1] R. Michael Tantillo, District Attorney, Canandaigua (James B. Ritts of counsel), forrespondent.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered August7, 2007. The judgment convicted defendant, upon his plea of guilty, of sexual abuse 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 plea of guilty ofsexual abuse in the first degree (Penal Law § 130.65 [3]). Defendant failed to preserve forour review his contention concerning the duration of the order of protection (see People v Nieves, 2 NY3d 310,315-317 [2004]) and, in any event, that contention is without merit. County Court properlyspecified an expiration date in the order of protection that was no more than eight years after theexpiration of the term of the determinate sentence imposed, in accordance with CPL 530.12(former [5]), the version of the statute in effect when the judgment was rendered on August 7,2007 (see generally People v Vega,49 AD3d 1185 [2008], lv denied 10 NY3d 965 [2008]; People v Stone, 49 AD3d 1314[2008], lv denied 10 NY3d 965 [2008]). Finally, the sentence is not unduly harsh orsevere. Present—Scudder, P.J., Smith, Carni, Pine and Gorski, JJ.