Opinion
2016–04598 Ind. No. 7658/05
01-09-2019
The PEOPLE, etc., Respondent, v. Farquan GRIFFIN, 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 Morgan J. Dennehy of counsel; Marielle Burnett on the memorandum), 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 Morgan J. Dennehy of counsel; Marielle Burnett on the memorandum), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth Foley, J.), rendered April 4, 2016, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contentions concerning the validity of the orders of protection issued at the time of sentencing survive his appeal waiver (see People v. Kennedy, 151 A.D.3d 1079, 54 N.Y.S.3d 596 ; People v. Bernardini, 142 A.D.3d 671, 672, 36 N.Y.S.3d 827 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ; People v. Cedeno, 107 A.D.3d 734, 965 N.Y.S.2d 887 ). However, those contentions are unpreserved for appellate review, since the defendant did not raise them at sentencing or move to amend the orders of protection (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. Appiarius, 160 A.D.3d 889, 73 N.Y.S.3d 899 ; People v. Rodriguez, 157 A.D.3d 971, 67 N.Y.S.3d 485 ; People v. Kennedy, 151 A.D.3d at 1079, 54 N.Y.S.3d 596 ), and we decline to reach them in the exercise of our interest of justice jurisdiction (see People v. Bernardini, 142 A.D.3d at 672, 36 N.Y.S.3d 827 ; People v. Kumar, 127 A.D.3d at 883, 4 N.Y.S.3d 900 ).
MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur.