Opinion
2017–01408 Ind. No. 4462/16
07-05-2018
The PEOPLE, etc., respondent, v. Robert HARRIS, appellant.
Mark Diamond, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jill Oziemblewski of counsel; Masha Simonova on the brief), for respondent.
Mark Diamond, New York, NY, for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jill Oziemblewski of counsel; Masha Simonova on the brief), for respondent.
JOHN M. LEVENTHAL, J.P., SANDRA L. SGROI, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth A. Foley, J.), rendered January 5, 2017, convicting him of assault in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his plea was not knowing, voluntary, and intelligent due to the Supreme Court's failure to advise him, at the time of his plea, that an order of protection would be imposed upon him at sentencing is unpreserved for appellate review (see People v. White, 144 A.D.3d 1057, 40 N.Y.S.3d 918 ; People v. Deal, 115 A.D.3d 975, 976, 982 N.Y.S.2d 388 ), as is his challenge to the issuance of the order of protection at the time of sentencing (see People v. Powell, 158 A.D.3d 824, 68 N.Y.S.3d 922 ; People v. Chambers, 158 A.D.3d 774, 68 N.Y.S.3d 753 ; People v. Maher, 157 A.D.3d 967, 67 N.Y.S.3d 490 ). We decline to review these contentions in the exercise of our interest of justice jurisdiction.
LEVENTHAL, J.P., SGROI, LASALLE and BRATHWAITE NELSON, JJ., concur.