| People v Remington |
| 2011 NY Slip Op 08958 [90 AD3d 678] |
| December 6, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Watson Remington, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall ofcounsel; Robert Ho on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.),rendered September 5, 2007, convicting him of manslaughter in the first degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant is correct that his waiver of the right to appeal is unenforceable since the courtfailed to elicit a specific acknowledgment from him that he was waiving his right to appeal, asdistinguished from his automatic forfeit of other trial rights, by pleading guilty (see People v Moyett, 7 NY3d 892,893 [2006]; People v Foster, 87AD3d 299, 303 [2011]). However, the defendant pleaded guilty with the understanding thathe would receive the sentence of imprisonment that was eventually imposed, and, thus, has nobasis to now contend that his sentence of imprisonment was excessive (see People v Gibson, 88 AD3d1012, 1012 [2011]; People vGantt, 85 AD3d 815, 816 [2011]; People v Tate, 84 AD3d 1416, 1417 [2011]; People v Bunn, 79 AD3d 1143,1143-1144 [2010]).
The defendant failed to preserve his argument that the duration of the order of protectionissued at the time of sentencing exceeded the maximum time period pursuant to CPL 530.12 (5)(ii), since he neither raised this issue at sentencing nor moved to amend the final order ofprotection on this ground (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 316-318 [2004]; People vFoster, 87 AD3d at 304; People vMaxineau, 78 AD3d 732, 732 [2010]; People v Langhorne, 60 AD3d 867 [2009]). We decline to exerciseour interest of justice jurisdiction to review this contention (see People v Maxineau, 78AD3d at 732; People v Langhorne, 60 AD3d at 867). Mastro, A.P.J., Chambers, Austinand Miller, JJ., concur.