People v Bryant
2015 NY Slip Op 07555 [132 AD3d 502]
October 15, 2015
Appellate Division, First Department
As corrected through Wednesday, December 9, 2015


[*1]
 The People of the State of New York,Respondent,
v
Jamel Bryant, Appellant.

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), forappellant.

Robert T. Johnson, District Attorney, Bronx (Katherine A. Gregory of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (William McGuire, J.), rendered April 17,2014, convicting defendant, upon his plea of guilty, of robbery in the third degree, andsentencing him to a term of one to three years, unanimously affirmed.

The court, which included the duration of its order of protection in the written ordersigned by defendant, was not required to make an oral pronouncement of the order'sduration at sentencing, because an order of protection is not part of the sentence imposed(see People v Nieves, 2NY3d 310, 316 [2004]). The court properly set the order of protection to expireeight years from the date of the sentencing (see CPL 530.13 [4] [A] [i]), andsince the duration of the order was not based on the expiration date of defendant'ssentence, jail time credit was irrelevant. Defendant did not preserve his contention thatthe full order of protection is invalid because the court failed to articulate on the recordits reasons for issuing the order pursuant to CPL 530.13 (4), and we decline to review itin the interest of justice (seePeople v Reynolds, 85 AD3d 825 [2d Dept 2011], lv denied 18 NY3d927 [2012]). Concur—Friedman, J.P., Sweeny, Saxe, Moskowitz and Gische,JJ.


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