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The People of the State of New York v. Odis Knight

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 25, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ODIS KNIGHT,
DEFENDANT-APPELLANT.

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered March 5, 2009. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree, robbery in the first degree and assault in the second degree.

People v Knight

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 March 25, 2011

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND GREEN, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by striking Wayne County Court's oral directive that defendant never again enter Wayne County or travel within 50 miles of the victim's home and as modified the judgment is affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, burglary in the first degree (Penal Law § 140.30 [2]) and robbery in the first degree (§ 160.15 [3]). As the People correctly concede, County Court erred in orally modifying the order of protection issued at the time of sentencing. We therefore modify the judgment by striking those oral modifications. The written order of protection remains in effect. We decline to exercise our interest of justice jurisdiction to adjudicate defendant a youthful offender (see People v Martinez, 55 AD3d 1334, lv denied 11 NY3d 927; People v Bosse, 23 AD3d 1063, lv denied 6 NY3d 809). Finally, the sentence is not unduly harsh or severe. Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court

20110325

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