| People v Dale |
| 2007 NY Slip Op 06896 [43 AD3d 1075] |
| September 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnDale, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Karen F. McGee of counsel),for respondent (no brief filed).
Appeal by the defendant from two judgments of the Supreme Court, Richmond County(Rienzi, J.), both rendered June 29, 2005, convicting him of assault in the first degree underindictment No. 2004-244, and attempted criminal sexual act in the first degree under indictmentNo. 2004-238, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant argues that the duration of four orders of protection issued at the time of hissentencing exceeded the maximum limits of CPL 530.13 (4). However, the defendant failed topreserve this argument for appellate review because he did not raise the issue at sentencing ormove to amend the final orders of protection on this ground (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310,316-318 [2004]), and we decline to review it in the exercise of our interest of justice jurisdiction(see People v Varner, 39 AD3d882 [2007]; cf. People v Johnson,16 AD3d 521 [2005]). Mastro, J.P., Ritter, Skelos, Carni and McCarthy, JJ., concur.