Opinion
2021-07311 Ind. 19-00237
12-22-2021
The People of the State of New York, respondent, v. Damien Banks, appellant.
The Law Offices of Joseph S. Gulino, Jr., Esq., PLLC, White Plains, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
The Law Offices of Joseph S. Gulino, Jr., Esq., PLLC, White Plains, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
REINALDO E. RIVERA, J.P. LINDA CHRISTOPHER PAUL WOOTEN JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered October 1, 2020, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review five orders of protection issued at the time of sentencing.
ORDERED that the judgment is affirmed.
The defendant's contention that the five orders of protection issued at his sentencing should be vacated is unpreserved for appellate review (see CPL 470.05[2]; People v May, 138 A.D.3d 1146, 1147), and we decline to review it in the exercise of our interest of justice jurisdiction since the defendant agreed to the issuance of these orders as part of his plea agreement (see People v Smith, 83 A.D.3d 1213, 1214).
The defendant's contention that the County Court improvidently exercised its discretion in declining to make the orders of protection in favor of his daughters subject to Family Court modification and in prohibiting all forms of contact between him and his daughters is without merit (cf. People v Lewis, 69 A.D.3d 1232, 1235).
RIVERA, J.P., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.