People v Sanchez
2013 NY Slip Op 02767 [105 AD3d 1064]
April 24, 2013
Appellate Division, Second Department
As corrected through Wednesday, May 29, 2013


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

[*1]Arza Feldman, Uniondale, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel),for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered November 3, 2011, convicting him of assault in the first degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal (see People v Bradshaw, 18NY3d 257 [2011]; People vRamos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006]; People vMuniz, 91 NY2d 570 [1998]) precludes appellate review of his claim that theCounty Court violated CPL 380.50 by not asking him if he wished to make a statement atsentencing (see People v Callahan, 80 NY2d 273, 281 [1992]; People v Torovillota, 96 AD3d787, 788 [2012]; People vArrington, 94 AD3d 903 [2012]; People v Collier, 71 AD3d 909, 910 [2010]).

The defendant's contentions that the County Court erred in failing to state on therecord the duration of the order of protection or to take into account the defendant'sjail-time credit are unpreserved for appellate review, since the defendant did not raisethese issues at sentencing or move to amend the final order of protection on thesegrounds (see People vNieves, 2 NY3d 310, 316-318 [2004]; People v Reynolds, 85 AD3d 825 [2011]; People v Peterkin, 27 AD3d666, 667 [2006]; cf. Peoplev Dixon, 16 AD3d 517 [2005]). We decline to exercise our interest of justicejurisdiction to review these contentions. Angiolillo, J.P., Balkin, Austin and Miller, JJ.,concur.


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