People v Smith
2017 NY Slip Op 00670 [147 AD3d 791]
February 1, 2017
Appellate Division, Second Department
As corrected through Wednesday, March 29, 2017


[*1]
 The People of the State of New York,Respondent,
v
Curtis W. Smith, Appellant.

Carol Kahn, New York, NY, for appellant, and appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel),for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Dutchess County (Greller,J.), rendered May 14, 2015, convicting him of criminal contempt in the second degree, upon hisplea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's challenge to the five-year duration of the final order of protection issued atsentencing in favor of the complainant is unpreserved for appellate review because he did notraise any objection to the duration of the order of protection at sentencing, or move to amend theorder of protection on this ground (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310,315-318 [2004]), and we decline to review it in the exercise of our interest of justice jurisdiction(see People v Maxineau, 78 AD3d732, 732 [2010]; People vLanghorne, 60 AD3d 867, 867 [2009]; People v Dale, 43 AD3d 1075, 1076 [2007]).

By pleading guilty, the defendant waived his claim that the evidence submitted to the grandjury was insufficient to support the indictment (see People v Kennington, 283 AD2d 658,658 [2001]; People v Caleca, 273 AD2d 476, 476 [2000]).

The defendant's remaining contentions raised in his pro se supplemental brief are withoutmerit. Rivera, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.


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