Opinion
2018–07866 Ind. No. 5054/17
08-12-2020
The PEOPLE, etc., respondent, v. Joseph GLOVER, appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sarah G. Pitts of counsel; Jared D. Michael on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sarah G. Pitts of counsel; Jared D. Michael on the brief), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruth Shillingford, J.), rendered June 1, 2018, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court lacked the authority to issue one of the two orders of protection issued at sentencing survives his valid waiver of the right to appeal (see People v. Hanniford, 174 A.D.3d 921, 922, 103 N.Y.S.3d 318 ; People v. Castillo, 174 A.D.3d 918, 103 N.Y.S.3d 317 ; People v. Cleverin, 171 A.D.3d 1086, 96 N.Y.S.3d 860 ). However, the defendant's contention is unpreserved for appellate review because he failed to object to that order of protection at sentencing or otherwise raise the issue in the Supreme Court (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. D.A., 184 A.D.3d 581, 583, 124 N.Y.S.3d 374 ; People v. Castillo, 174 A.D.3d 918, 103 N.Y.S.3d 317 ; People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ; People v. Sweeney, 106 A.D.3d 841, 842, 966 N.Y.S.2d 120 ), and we decline to review it in the exercise of our interest of justice jurisdiction since the defendant agreed to the issuance of that order of protection as part of his plea agreement (see People v. D.A., 184 A.D.3d at 583, 124 N.Y.S.3d 374 ; People v. Smith, 83 A.D.3d 1213, 1214, 920 N.Y.S.2d 736 ).
MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.