People v McQuality

2013 NY Slip Op 08142 [112 AD3d 983]

December 5, 2013

Appellate Division, Third Department

As corrected through Wednesday, January 29, 2014

The People of the State of New York, Respondent, vAndrew C. McQuality, Appellant.

—[*1]Dean C. Schneller, Plattsburgh, for appellant.

Derek P. Champagne, District Attorney, Malone (Glenn MacNeill of counsel), forrespondent.

Rose, J.P. Appeal from a judgment of the County Court of Franklin County (MainJr., J.), rendered January 26, 2011, convicting defendant upon his plea of guilty of thecrime of criminal possession of a weapon in the third degree.

When defendant's appeal was previously before this Court, we rejected anAnders brief, withheld decision and assigned new counsel to address at least oneissue of arguable merit pertaining to the order of protection imposed in connection withthe sentence (100 AD3d 1186 [2012]). Defendant now maintains that County Court erredin imposing an eight-year order of protection in favor of his children. A review of therecord, however, reveals that this issue is unpreserved for our review as defendant didnot object to the order of protection at sentencing or move to amend the final order ofprotection on this ground (seePeople v Nieves, 2 NY3d 310, 315-317 [2004]; People v Shaw, 78 AD3d1376, 1377 [2010]; Peoplev Decker, 77 AD3d 675, 675 [2010], lv denied 15 NY3d 952 [2010])."Moreover, considering that defendant specifically agreed to the terms of the order ofprotection as part of his plea, we decline to exercise our interest of justice jurisdiction"(People v Smith, 83 AD3d1213, 1214 [2011]).

McCarthy, Spain and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.