| People v O'Connor |
| 2016 NY Slip Op 01202 [136 AD3d 945] |
| February 17, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Michael O'Connor, Appellant. |
Mark Diamond, New York, NY, for appellant, and appellant pro se.
James A. McCarty, Acting District Attorney, White Plains, NY (Virginia A.Marciano, Jennifer Spencer, and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered August 26, 2014, convicting him of attempted robbery in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention, raised in his pro se supplemental brief, that his plea ofguilty was not knowing, voluntary, and intelligent, is without merit.
By pleading guilty, the defendant forfeited his contentions regarding allegedprosecutorial misconduct and the sufficiency of the evidence before the grand jury(see People v Hansen, 95 NY2d 227 [2000]; People v Woods, 115 AD3d 997, 998 [2014]; People v Devodier, 102 AD3d884, 885 [2013]; People vOrtiz, 84 AD3d 839, 840 [2011]).
The defendant contends that a final order of protection issued at sentencing is invalidbecause the County Court failed to articulate on the record its reasons for issuing theorder as required by CPL 530.13 (4). This contention is unpreserved for appellate review,since the defendant did not raise this issue at sentencing or move to amend the final orderof protection on this ground (seePeople v Nieves, 2 NY3d 310, 316-318 [2004]; People v Fortier, 130 AD3d642 [2015]; People vSweeney, 106 AD3d 841, 842 [2013]; People v Reynolds, 85 AD3d 825 [2011]; People v Decker, 77 AD3d675 [2010]).
The defendant's remaining contentions are without merit. Mastro, J.P., Leventhal,Austin and LaSalle, JJ., concur.