AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. ALAN M. SMITH, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant failed to preserve for our review his contention that County Court deviated from its sentencing promise by issuing an order of protection at the time of sentencing ( see People v. Warren, 280 A.D.2d 75, 77; see also People v. Sanders, 163 A.D.2d 616, lv denied 76 N.Y.2d 944). In any event, that contention is without merit. An order of protection may properly be issued independent of a plea agreement ( see Warren, 280 A.D.2d at 77; People v. Roman, 243 A.D.2d 831; People v. Oliver, 182 A.D.2d 716). Defendant's further contention that the court in sentencing defendant relied on prejudicial information that was improperly included in the presentence investigation report is also unpreserved for our review ( see People v. Young, 186 A.D.2d 1072; People v. Walworth, 167 A.D.2d 622, 623) and, in any event, is without merit inasmuch as defendant received the bargained-for sentence.

Use AI to get other relevant cases.

Comments

PEOPLE v. SMITH
(May 3, 2002)