| People v Paul |
| 2014 NY Slip Op 03145 [117 AD3d 1499] |
| May 2, 2014 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vJason Paul, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges,J.), rendered July 23, 2012. The judgment convicted defendant, upon his plea of guilty,of attempted burglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofattempted burglary in the second degree (Penal Law §§ 110.00, 140.25[2]), defendant contends that the order of protection is unduly harsh. We note at theoutset that defendant's contention survives the valid waiver of the right to appeal becausethe order of protection was not a part of the plea agreement, and an order of protection isnot a part of the sentence (seePeople v Lilley, 81 AD3d 1448, 1448 [2011], lv denied 17 NY3d 860[2011]). Nevertheless, we conclude that it lacks merit (see People v Tate, 83 AD3d1467, 1467-1468 [2011]). Defendant further contends that the order of protectionshould not have been issued because to his knowledge the victim did not request that itbe issued. We reject that contention inasmuch as Supreme Court had the authority toissue the order even in the absence of the victim's consent (see Lilley, 81 AD3d at1448). Present—Centra, J.P., Peradotto, Carni, Lindley and Whalen, JJ.