Opinion
2015–1323 K CR
04-06-2018
The PEOPLE of the State of New York, Respondent, v. Shaun KORNEGAY, Appellant.
Appellate Advocates (Ronald Zapata of counsel), for appellant. Kings County District Attorney (Leonard Joblove, Jodi L. Mandel and Julian Joiris of counsel), for respondent.
Appellate Advocates (Ronald Zapata of counsel), for appellant.
Kings County District Attorney (Leonard Joblove, Jodi L. Mandel and Julian Joiris of counsel), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.
ORDERED that the judgment of conviction is affirmed.
Defendant was charged in a felony complaint with grand larceny in the fourth degree ( Penal Law § 155.30 [5 ] ), petit larceny ( Penal Law § 155.25 ), and criminal possession of stolen property in the fifth degree ( Penal Law § 165.40 ). After the felony charge of grand larceny in the fourth degree was dismissed and the proper notation was made on the face of the accusatory instrument pursuant to CPL 180.50 (3) (a) (iii), defendant pleaded guilty to petit larceny in satisfaction of the remainder of the accusatory instrument. He was sentenced to 60 days in jail, and a final order of protection was issued for him to stay away from the complainant for a period of five years.
Defendant failed to preserve for appellate review his contention that the duration of the final order of protection issued at the time of sentencing exceeds the maximum period permissible for a class A misdemeanor under CPL 530.13 (4) (B), since he neither raised this issue at sentencing nor moved to amend the final order of protection on this ground (see CPL 470.05 [2 ]; People v. Nieves , 2 N.Y.3d 310, 316–318 [2004] ; People v. Hunter , 135 A.D.3d 958 [2016] ; People v. Kumar , 127 A.D.3d 882 [2015] ; People v. Khan , 101 A.D.3d 903 [2012] ). We decline to reach the issue in the exercise of our interest of justice jurisdiction (see People v. Mitchell , 142 A.D.3d 1185 [2016] ; Kumar , 127 A.D.3d 883 ; People v. Smith , 112 A.D.3d 759 [2013] ).
Accordingly, the judgment of conviction is affirmed.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.