Opinion
2011-00472 Ind. No. 120/09.
01-27-2016
The PEOPLE, etc., respondent, v. Phillip Sincere HUNTER, appellant.
Carol Kahn, New York, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller and Joan H. McCarthy of counsel), for respondent.
Carol Kahn, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller and Joan H. McCarthy of counsel), for respondent.
Opinion
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 degree and criminal sexual act in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to the duration of the order of protection issued at the time of sentencing is unpreserved for appellate review (see CPL 470.05 2; People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13; People v. Deal, 115 A.D.3d 975, 976, 982 N.Y.S.2d 388; People v. Maxineau, 78 A.D.3d 732, 732, 909 N.Y.S.2d 659; People v. Varner, 39 A.D.3d 882, 882, 832 N.Y.S.2d 818), and we decline to reach it in the exercise of our interest of justice jurisdiction.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
CHAMBERS, J.P., SGROI, MILLER and LaSALLE, JJ., concur.