Opinion
2022–02305 S.C.I. No. 943/21
11-15-2023
The PEOPLE, etc., respondent, v. Eric DJAMBAZOV, appellant.
Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O'Boyle of counsel; Gianna Gambino on the brief), for respondent.
Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O'Boyle of counsel; Gianna Gambino on the brief), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Karen Gopee, J., at plea; Edwin Novillo, J., at sentence), rendered March 16, 2022, convicting him of criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that two orders of protection issued at the time of sentencing should be vacated is unpreserved for appellate review, as he failed to object to those orders of protection at sentencing or otherwise raise the issue before the Supreme Court (see CPL 470.05[2] ; People v. Martinez, 214 A.D.3d 1004, 184 N.Y.S.3d 608 ; People v. Byers, 211 A.D.3d 746, 747, 177 N.Y.S.3d 909 ), 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. Augustin–Miranda, 215 A.D.3d 981, 188 N.Y.S.3d 134 ; People v. Byers, 211 A.D.3d at 747, 177 N.Y.S.3d 909 ; People v. D.A., 184 A.D.3d 581, 583, 124 N.Y.S.3d 374 ).
DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.