People v Anderson
2008 NY Slip Op 10013 [57 AD3d 794]
December 16, 2008
Appellate Division, Second Department
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
JamesAnderson, Also Known as Wilfred Anderson, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and JohnnetteTraill of counsel; Yvonne Berry on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.),rendered November 19, 2007, convicting him of robbery in the first degree, robbery in the seconddegree, assault in the second degree, criminal possession of stolen property in the fourth degree,criminal possession of stolen property in the fifth degree, and unlawful possession of a knife, upon hisplea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that the duration of the order of protection issued at the time of sentencingexceeded the maximum time limits of CPL 530.13 (4). However, the defendant failed to preserve thisargument for appellate review because he did not raise the issue at sentencing or move to amend thefinal order 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 Dale, 43 AD3d 1075[2007]; People v Varner, 39 AD3d882 [2007]). Mastro, J.P., Miller, Balkin and McCarthy, JJ., concur.


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