Opinion
No. 570031/22
11-18-2024
The People of the State of New York, Respondent, v. Edward K., Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Tara A. Collins, J.), rendered December 2, 2021, convicting him, upon his plea of guilty, of petit larceny, and imposing sentence.
Judgment of conviction (Tara A. Collins, J.), rendered December 2, 2021, affirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 U.S. __, 140 S.Ct. 2634 [2020]). During the court's extensive oral colloquy with defendant, the court took the time to provide thorough and straightforward explanations for what defendant was waiving, how it differed from his trial waiver, and the rights that survived the appeal waiver. This colloquy, together with the detailed written waiver that defendant signed after consultation with counsel, satisfied the requirements of a valid waiver and forecloses review of defendant's challenge to the issuance of an order of protection (see People v Haskins, __ A.D.3d __, 2024 NY Slip Op 04828 [2024]; People v Rivera, 212 A.D.3d 471 [2023], lv denied 39 N.Y.3d 1113 [2023]; People v Frasqueri, 193 A.D.3d 464 [2021], lv denied 37 N.Y.3d 965 [2021]).
Regardless of whether defendant made a valid waiver of his right to appeal, he failed to preserve his challenge to the order of protection (see People v Nieves, 2 N.Y.3d 310, 315-317 [2004]; People v Key, 222 A.D.3d 536 [2023], lv denied 41 N.Y.3d 943 [2024]; People v Rivera, 212 A.D.3d at 471). Defendant received an extremely favorable global disposition resolving two pending felony complaints that had been consolidated for purposes of disposition. Despite opportunities to do so at the plea and sentencing proceedings, defendant raised no objections and we decline to review his claim in the interest of justice.
I concur