Opinion
2018–05533 Ind.No. 821/17
08-12-2020
The PEOPLE, etc., Respondent, v. Eliezar CORBETT, Appellant.
Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane Eisner of counsel; Marielle Burnett on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Kristina Schwarz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane Eisner of counsel; Marielle Burnett on the brief), for respondent.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, BETSY BARROS, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (ShawnDya L. Simpson, J.), rendered November 8, 2017, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant validly waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos , 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Marine , 176 A.D.3d 869, 107 N.Y.S.3d 889 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the period of postrelease supervision imposed was excessive (see People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Cohen , 178 A.D.3d 719, 111 N.Y.S.3d 240 ).
The defendant's contentions regarding four final orders of protection issued against him at the time of sentencing are unpreserved for appellate review (see People v. Nieves , 2 N.Y.3d 310, 315, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. David G. , 176 A.D.3d 970, 108 N.Y.S.3d 348 ; People v. Rivera , 171 A.D.3d 1097, 1098, 96 N.Y.S.3d 548 ; People v. Carryl , 169 A.D.3d 818, 820, 93 N.Y.S.3d 703 ), and we decline to review them in the exercise of our interest of justice jurisdiction.
BALKIN, J.P., COHEN, BARROS and IANNACCI, JJ., concur.