Opinion
2014–02393 Ind. No. 11032/10
01-31-2018
The PEOPLE, etc., respondent, v. Angelo MAHER, appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum) for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum) for respondent.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Danny Chun, J.), rendered February 20, 2013, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted, upon his plea of guilty, of attempted assault in the second degree. On appeal, the defendant contends that an order of protection, issued upon his conviction, should be vacated. However, the defendant's contentions regarding the order of protection are unpreserved for appellate review, since he did not raise them at the time of sentencing or move to amend the order of protection (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 315–317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Perry, 156 A.D.3d 654, 64 N.Y.S.3d 570 [2d Dept. 2017] ; People v. Kennedy, 151 A.D.3d 1079, 54 N.Y.S.3d 596 ; People v. Mitchell, 142 A.D.3d 1185, 37 N.Y.S.3d 908 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ), and we decline to review them in the exercise of our interest of justice jurisdiction.
CHAMBERS, J.P., ROMAN, COHEN and HINDS–RADIX, JJ., concur.