People v. McQuality, 112 A.D.3d 983 (N.Y. App. Div. 2013). · Go Syfert
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People v. McQuality, 112 A.D.3d 983 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: People v. Campbell (nyappdiv, 2017-11-16)
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discussed Cited as authority (rule) People v. Campbell
N.Y. App. Div. · 2017 · confidence medium
While this claim survives defendant’s waiver of appeal (see People v Hansen, 95 NY2d 227 , 231 n 2 [2000]; People v Seaberg, 74 NY2d 1, 10 [1989]), his challenge to the voluntariness of his plea is not preserved for our review due to his failure to make an appropriate postallocution motion or to object at the time of sentencing despite having ample opportunity to do so (see People v Murray, 15 NY3d 725, 727 [2010]; People v Gardner, 129 AD3d 1386, 1387 [2015]; People v McQuality, 112 AD3d 983, 983 [2013]; People v Shaw, 78 AD3d 1376, 1377 [2010]).
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The People of the State of New York
v.
Andrew C. McQuality
Appellate Division of the Supreme Court of the State of New York.
Dec 5, 2013.
112 A.D.3d 983
Rose.
Cited by 1 opinion  |  Published
Rose, J.P

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered January 26, 2011, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the third degree.

When defendant’s appeal was previously before this Court, we rejected an Anders brief, withheld decision and assigned new counsel to address at least one issue of arguable merit pertaining to the order of protection imposed in connection with the sentence (100 AD3d 1186 [2012]). Defendant now maintains that County Court erred in imposing an eight-year order of protection in favor of his children. A review of the record, however, reveals that this issue is unpreserved for our review as defendant did not object to the order of protection at sentencing or move to amend the final order of protection on this ground (see People v Nieves, 2 NY3d 310, 315-317 [2004]; People v Shaw, 78 AD3d 1376, 1377 [2010]; People v Decker, 77 AD3d 675, 675 [2010], lv denied 15 NY3d 952 [2010]). “Moreover, considering that defendant specifically agreed to the terms of the order of protection as part of his plea, we decline to exercise our interest[*984] of justice jurisdiction” (People v Smith, 83 AD3d 1213, 1214 [2011]).

McCarthy, Spain and Egan Jr., JJ., concur. Ordered that the judgment is affirmed.