People v Gonyeau

People v Gonyeau 2016 NY Slip Op 07505 Decided on November 10, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: WHALEN, P.J., CENTRA, CARNI, CURRAN, AND TROUTMAN, JJ.
933 KA 15-00918

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

RONALD GONYEAU, JR., DEFENDANT-APPELLANT.

ROBERT TUCKER, PALMYRA, FOR DEFENDANT-APPELLANT.

RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (BRUCE A. ROSEKRANS OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Wayne County Court (Dennis M. Kehoe, J.), rendered April 14, 2015. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the first degree (Penal Law

§ 120.10 [1]). Defendant failed to preserve for our review his contention that County Court erred in calculating the expiration date of the order of protection (see People v Cooke, 119 AD3d 1399, 1401, affd 24 NY3d 1196, cert denied ___ US ___, 136 S Ct 542). In any event, that contention lacks merit inasmuch as a period of postrelease supervision may be included in calculating the maximum legal expiration date of an order of protection (see CPL 530.12 [5] [A] [ii]; People v Williams, 19 NY3d 100, 101-102; Cooke, 119 AD3d at 1401). Finally, we reject defendant's contention that the sentence is unduly harsh and severe.

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court