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The People of the State of New York, Respondent v. Kenneth R. Ortiz

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


March 15, 2013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KENNETH R. ORTIZ, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered September 29, 2011.

People v Ortiz

Released on March 15, 2013

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.

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second 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 criminal contempt in the second degree (Penal Law § 215.50 [3]). There is no valid ground supporting defendant's request that his conviction be vacated in the interest of justice. Defendant admitted his guilt at the plea proceeding, and his subsequent explanation of his conduct provides no basis for the exercise of our "extraordinary power to vacate a conviction in the interest of justice" (People v White, 75 AD3d 109, 126, lv denied 15 NY3d 758).

Entered: March 15, 2013

Frances E. Cafarell Clerk of the Court

20130315

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