Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
The PEOPLE, etc., respondent, v. Alexander SANCHEZ, appellant.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered November 3, 2011, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal (see People v. Bradshaw, 18 NY3d 257; People v. Ramos, 7 NY3d 737; People v. Lopez, 6 NY3d 248; People v. Muniz, 91 N.Y.2d 570) precludes appellate review of his claim that the County Court violated CPL 380.50 by not asking him if he wished to make a statement at sentencing (see People v. Callahan, 80 N.Y.2d 273, 281; People v. Torovillota, 96 AD3d 787, 788; People v. Arrington, 94 AD3d 903; People v. Collier, 71 AD3d 909, 910).
The defendant's contentions that the County Court erred in failing to state on the record the duration of the order of protection or to take into account the defendant's jail-time credit are unpreserved for appellate review, since the defendant did not raise these issues at sentencing or move to amend the final order of protection on these grounds (see People v. Nieves, 2 NY3d 310, 316–318; People v. Reynolds, 85 AD3d 825; People v. Peterkin, 27 AD3d 666, 667; cf. People v. Dixon, 16 AD3d 517). We decline to exercise our interest of justice jurisdiction to review these contentions.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 24, 2013
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)