Opinion
No. 1248 Ind No. 725/17 Case No. 2019-6067
12-19-2023
The People of the State of New York, Respondent, v. Michael Key, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Nathan R. Brown of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Nathan R. Brown of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Before: Kapnick, J.P., Kennedy, Pitt-Burke, Rosado, JJ.
Judgment, Supreme Court, Bronx County (Shari R. Michels, J., at plea; Julio Rodriguez III, J., at sentencing), rendered September 11, 2018, convicting defendant of assault in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously 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]; People v Bryant, 28 N.Y.3d 1094, 1096 [2016]). The combination of the court's oral colloquy with defendant and the detailed written waiver that he signed after consultation with counsel satisfied the requirements of a valid waiver. The waiver forecloses review of defendant's challenge to the issuance of an order of protection (see People v Frasqueri, 193 A.D.3d 464 [1st Dept 2021], lv denied 37 N.Y.3d 965 [2021]).
Regardless of whether defendant validly waived his right to appeal, defendant's claim that the final order of protection was procedurally defective requires preservation (see People v Nieves, 2 N.Y.3d 310, 315-317 [2004]; People v Bryant, 132 A.D.3d 502 [1st Dept 2015], lv denied 26 N.Y.3d 1086 [2015]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that the record sufficiently reflected the reasons for the imposition of the order of protection (see People v Gonzalez, 178 A.D.3d 440 [1st Dept 2019], lv denied 35 N.Y.3d 941 [2020]).