Opinion
2018–11651 Ind. No. 1926/17
04-14-2021
The PEOPLE, etc., respondent, v. Zakiyyah STEWARD, appellant.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Marielle Burnett on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Marielle Burnett on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew Sciarrino, Jr., J.), rendered July 30, 2018, convicting her of burglary in the third degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the duration of a final order of protection issued at the time of sentencing exceeded the maximum period permissible under CPL 530.13(4)(A). The defendant's contention is unpreserved for appellate review, as she failed to raise this issue at sentencing or move to amend the final order of protection on this ground (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 316–317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Colon, 187 A.D.3d 780, 130 N.Y.S.3d 344 ). We decline to reach the issue in the exercise of our interest of justice jurisdiction (see People v. Colon, 187 A.D.3d at 780, 130 N.Y.S.3d 344 ; see generally People v. Nieves, 2 N.Y.3d at 317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ).
RIVERA, J.P., HINDS–RADIX, CONNOLLY and IANNACCI, JJ., concur.