The People, etc., respondent, v. Angelo Maher, appellant. (2018)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Angelo Maher, appellant.

2014–02393 (Ind.No. 11032 /10)

Decided: January 31, 2018

CHERYL E. CHAMBERS, J.P. SHERI S. ROMAN JEFFREY A. COHEN SYLVIA O. HINDS–RADIX, JJ.

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.

Submitted—June 30, 2017

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 NY3d 310, 315–317; People v. Perry, _ AD3d _, 2017 N.Y. Slip Op 08539 [2d Dept 2017]; People v. Kennedy, 151 AD3d 1079; People v. Mitchell, 142 AD3d 1185; People v. O'Connor, 136 AD3d 945), 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.

ENTER:

Aprilanne Agostino

Clerk of the Court

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