People v Maxineau

2010 NY Slip Op 07963 [78 AD3d 732]

November 3, 2010

Appellate Division, Second Department

As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent, v BrunelMaxineau, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

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

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.),rendered October 5, 2009, convicting him of rape in the first degree, upon his plea of guilty, andimposing 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) and failed to take into account jail-time credits.However, the defendant failed to preserve this argument for appellate review because he did not raisethe issue at sentencing or move to amend the final order of protection on this ground (see CPL470.05 [2]; People v Nieves, 2 NY3d310, 316-318 [2004]), and we decline to review it in the exercise of our interest of justicejurisdiction (see People v Dale, 43 AD3d1075 [2007]; People v Varner, 39AD3d 882 [2007]). Fisher, J.P., Dillon, Balkin, Chambers and Sgroi, JJ., concur.