| People v Margillo |
| 2010 NY Slip Op 00179 [69 AD3d 655] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Margillo, Appellant. |
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Appeals by the defendant from (1) a judgment of the County Court, Orange County(DeRosa, J.), rendered January 3, 2008, convicting him of criminal contempt in the first degreeunder indictment No. 07-00880, upon his plea of guilty, and imposing sentence, and (2) anamended judgment of the same court, also rendered January 3, 2008, revoking a sentence ofprobation previously imposed by the same court, upon his admission that he had violated acondition thereof, and imposing a sentence of imprisonment upon his previous conviction ofcriminal contempt in the first degree under indictment No. 06-00128.
Ordered that the judgment and the amended judgment are affirmed.
The defendant contends that his plea of guilty to criminal contempt in the first degree underindictment No. 07-00880 was not knowingly, voluntarily, and intelligently given because theCounty Court failed to advise him, at the time of the plea, that it intended to enter, at sentencing,an order of protection in favor of the complainant. The defendant's contention is without meritsince the order of protection was not part of the sentence imposed, and may be enteredindependently of the plea agreement (see People v Nieves, 2 NY3d 310, 316 [2004]; People v Dixon, 16 AD3d 517[2005]; People v Peters, 232 AD2d 432 [1996]; People v Ela, 226 AD2d 474[1996]; People v Oliver, 182 AD2d 716 [1992]).
Contrary to the defendant's contention, the sentencing minutes reveal that the sentencingcourt clearly and unambiguously pronounced sentence with respect to his convictions of both ofthe counts of criminal contempt in the first degree charged against him, one as to each indictment(see CPL 380.20). Rivera, J.P., Covello, Angiolillo, Leventhal and Roman, JJ., concur.