PEOPLE v. BIRTH (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. James BIRTH, Defendant–Appellant.

570263 /14

Decided: June 22, 2018

PRESENT: Ling–Cohan, J.P., Cooper, Edmead, JJ.

Judgment of conviction (Carol R. Sharpe, J.), rendered February 10, 2014, affirmed.

Defendant failed to preserve his present challenge to the issuance of the order of protection, since he did not raise the issue at sentencing or move to vacate the order on the specific ground that he raises on appeal (see CPL 470.05[2]; People v. Nieves, 2 NY3d 310, 316–318 [2004]; People v. Gordon, 132 AD3d 531, 531 [2015], lv denied 26 NY3d 1109 [2016]; People v. Remington, 90 AD3d 678, 679 [2011], lv denied 18 NY3d 961 [2012] ). We decline to review this unpreserved claim in the interest of justice.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network