Opinion
2015-07346
09-28-2016
The People of the State of New York, respondent, v. Emanuel Mitchell, appellant.
Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (Samantha S. Alessi of counsel), for respondent.
MARK C. DILLON SANDRA L. SGROI ROBERT J. MILLER VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 2089/14)
Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (Samantha S. Alessi of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lopresto, J.), rendered July 14, 2015, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted of robbery in the first degree upon his plea of guilty. On his appeal from the judgment of conviction, the defendant contends that an order of protection, which was issued upon his conviction, should be vacated. Contrary to the People's contention, the order of protection is reviewable on appeal, as it is "among the orders and rulings that a defendant may challenge in an appeal from the judgment of conviction" (People v Nieves, 2 NY3d 310, 315). However, the defendant failed to preserve for appellate review his challenge to the order of protection (see CPL 470.05[2]; People v Nieves, 2 NY3d at 316-318; People v May, 138 AD3d 1146, 1147; People v O'Connor, 136 AD3d 945; People v Sweeney, 106 AD3d 841, 842), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
ENG, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court