| People v Hunter |
| 2016 NY Slip Op 00515 [135 AD3d 958] |
| January 27, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Phillip Sincere Hunter, Appellant. |
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller andJoan H. McCarthy of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County(Hayes, J.), rendered December 22, 2010, convicting him of rape in the second degreeand criminal sexual act in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the duration of the order of protection issued at the timeof sentencing is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d310, 316-318 [2004]; People v Deal, 115 AD3d 975, 976 [2014]; People v Maxineau, 78 AD3d732, 732 [2010]; People vVarner, 39 AD3d 882, 882 [2007]), and we decline to reach it in the exercise ofour interest of justice jurisdiction.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Chambers, J.P., Sgroi, Miller and LaSalle, JJ., concur.