| People v Colon |
| 2020 NY Slip Op 05521 [187 AD3d 780] |
| October 7, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Juan Colon, Appellant. |
Janet E. Sabel, New York, NY (Kristina Schwarz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, andDaniel Berman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin P.Murphy, J.), rendered July 11, 2016, convicting him of burglary in the second degree, upon hisplea of guilty, and imposing sentence. The appeal brings up for review an order of protectionissued at the time of sentencing.
Ordered that the judgment is affirmed.
Pursuant to a plea agreement, the defendant pleaded guilty to burglary in the second degree inexchange for a determinate term of imprisonment of five years followed by a period of five yearsof postrelease supervision. The Supreme Court sentenced the defendant, as a second felonyoffender, in accordance with the terms of the plea agreement, and issued a permanent order ofprotection in favor of the victim. The defendant appeals.
The defendant contends that the Supreme Court failed to articulate on the record its reasonsfor issuing the order as required by CPL 530.13 (4), and that the duration of the order ofprotection exceeded the maximum period permissible under CPL 530.13 (4) (A). The defendant'scontentions are unpreserved for appellate review, as he failed to raise these issues at sentencingor move to amend the final order of protection on these grounds (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310,316-317 [2004]; People v Ramos,164 AD3d 922, 923 [2018]; Peoplev O'Connor, 136 AD3d 945 [2016]; People v Fortier, 130 AD3d 642, 643 [2015]), and we decline toreach these issues in the exercise of our interest of justice jurisdiction (see People v Rodriguez, 157 AD3d971 [2018]). Scheinkman, P.J., Rivera, Balkin and Iannacci, JJ., concur.