Opinion
2018–01151 S.C.I. No. 2488/17
10-16-2019
The PEOPLE, etc., Respondent, v. DAVID G. (Anonymous), Appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Victoria Randall on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Victoria Randall on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Queens County (Toko Serita, J., at plea; Gia Morris, J., at sentence), rendered December 12, 2017, adjudicating him a youthful offender, upon his plea of guilty to attempted robbery in the first degree, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was adjudicated a youthful offender upon his plea of guilty to attempted robbery in the first degree. On appeal, the defendant contends that an order of protection, issued upon his conviction, should be vacated. Contrary to the People's contention, the defendant's challenge to the order of protection survives even a valid waiver of the right to appeal (see People v. Seay, 172 A.D.3d 756, 757, 97 N.Y.S.3d 501 ; People v. Rodriguez, 157 A.D.3d 971, 971, 67 N.Y.S.3d 485 ). However, the defendant's contentions regarding that order of protection 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. Chambers, 158 A.D.3d 774, 775, 68 N.Y.S.3d 753 ), and we decline to review them in the exercise of our interest of justice jurisdiction.
BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.