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People v. Anderson

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT


December 16, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
JAMES ANDERSON, A/K/A WILFRED ANDERSON, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered November 19, 2007, convicting him of robbery in the first degree, robbery in the second degree, assault in the second degree, criminal possession of stolen property in the fourth degree, criminal possession of stolen property in the fifth degree, and unlawful possession of a knife, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., HOWARD MILLER, RUTH C. BALKIN and WILLIAM E. McCARTHY, JJ.

(Ind. No. 1662/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant argues that the duration of the order of protection issued at the time of sentencing exceeded the maximum time limits of CPL 530.13(4). However, the defendant failed to preserve this argument for appellate review because he did not raise the issue at sentencing or move to amend the final order of protection on this ground (see CPL 470.05[2]; People v Nieves, 2 NY3d 310, 316-318), and we decline to review it in the exercise of our interest of justice jurisdiction (see People v Dale, 43 AD2d 1075; People v Varner, 39 AD3d 882).

MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.

20081216

© 1992-2008 VersusLaw Inc.



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