People v Forte
2017 NY Slip Op 01225 [147 AD3d 973]
February 15, 2017
Appellate Division, Second Department
As corrected through Wednesday, March 29, 2017


[*1]
 The People of the State of New York,Respondent,
v
Jeron W. Forte, Appellant.

Arza R. Feldman, Uniondale, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Hae Jin Liu and Laurie G.Sapakoff of counsel), for respondent.

Appeal by the defendant from a judgment of County Court, Westchester County (Zambelli,J.), rendered April 14, 2015, convicting him of attempted assault in the first degree, upon his pleaof guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant challenges two orders of protection issued at the time of sentencing,contending that the County Court failed to specify the persons to whom the orders of protectionapplied.

The defendant's contention concerning the two orders of protection issued at the time ofsentencing survives his valid waiver of the right to appeal (see People v Bernardini, 142 AD3d 671, 672 [2016]; People v Kumar, 127 AD3d 882,883 [2015]). However, this contention is unpreserved for appellate review (see CPL470.05 [2]; People v Nieves, 2NY3d 310, 316-318 [2004]; Peoplev O'Connor, 136 AD3d 945, 945 [2016]; People v Fortier, 130 AD3d 642, 643 [2015]; People v Decker, 77 AD3d 675,675 [2010]). In any event, the contention is without merit. The record indicates that the CountyCourt named the persons to whom the orders of protection applied. Moreover, in open court, thedefendant signed and was personally served with the orders of protection, each of whichspecifically set forth the name of the protected person. Rivera, J.P., Cohen, Miller and BrathwaiteNelson, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.