| People v Gibbs |
| 2012 NY Slip Op 03894 [95 AD3d 1506] |
| May 17, 2012 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 2—The People of the State of New York, Respondent, v Daryl W. Gibbs, Appellant. |
—[*1]
Kristy L. Sprague, District Attorney, Elizabethtown (Brian W. Felton of counsel), for
respondent.
In satisfaction of a seven-count indictment, defendant pleaded guilty in 2010 to criminal
contempt in the first degree stemming from his alleged violation of a November 2007 temporary
order of protection. As part of the negotiated plea agreement, defendant also waived his right to
appeal.[FN*]
County Court then sentenced defendant to a prison term of 1
On appeal, defendant asserts that his conviction should be reversed inasmuch as the temporary order of protection upon which the conviction is based was void because it automatically expired upon the resolution of the 2007 criminal proceeding. Based on the record before us, defendant did not preserve this claim by moving to withdraw his plea (see People v Charlotten, 44 AD3d 1097, 1098 [2007]). For the same reason, defendant's claim of ineffective [*2]assistance of counsel is unpreserved for our review (see People v Clark, 52 AD3d 951, 952 [2008], lv denied 11 NY3d 831 [2008]).
Defendant's challenge to the severity of his sentence is precluded by his valid waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Sherman, 91 AD3d 982, 983 [2012]). Finally, defendant's remaining contentions have been considered and found to be unavailing.
Rose, J.P., Malone Jr., Garry and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.