People v. Smith

Appellate Division of the Supreme Court of the State of New York

Feb 1, 2017

2015-04834

Versions:147 A.D.3d 791

45 N.Y.S.3d 808

2017 NY Slip Op 670

2017 NY Slip Op 00670

Ordered that the judgment is affirmed.

The defendant‘s challenge to the five-year duration of the final order of protection issued at sentencing in favor of the complainant is unpreserved for appellate review because he did not raise any objection to the duration of the order of protection at sentencing, or move to amend the order of protection on this ground (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 315-318 [2004]), and we decline to review it in the exercise of our interest of justice jurisdiction (see People v Maxineau, 78 AD3d 732, 732 [2010]; People v Langhorne, 60 AD3d 867, 867 [2009]; People v Dale, 43 AD3d 1075, 1076 [2007]).

By pleading guilty, the defendant waived his claim that the evidence submitted to the grand jury was insufficient to support the indictment (see People v Kennington, 283 AD2d 658, 658 [2001]; People v Caleca, 273 AD2d 476, 476 [2000]).

The defendant‘s remaining contentions raised in his pro se supplemental brief are without merit. Rivera, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.