Opinion
No. 2862 Ind. No. 72528/22 No. 2022-05792
10-22-2024
The People of the State of New York, Respondent, v. Jose Perez, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Isabel Patkowski of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Isabel Patkowski of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Before: Webber, J.P., Friedman, Mendez, Shulman, O'Neill Levy, JJ.
Judgment, Supreme Court, Bronx County (George R. Villegas, J.), rendered November 17, 2022, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 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. __ [2020]). 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. This waiver forecloses review of his challenge to the issuance of an order of protection (People v Key, 222 A.D.3d 536, 536 [1st Dept 2023] , lv denied 41 N.Y.3d 943 [2024]; People v Frasqueri, 193 A.D.3d 464, 464 [1st Dept 2021], lv denied 37 N.Y.3d 965 [2021]).
In any event, defendant failed to preserve his challenge to the order of protection (see People v Nieves, 2 N.Y.3d 310, 315-317 [2004]; see also Key, 222 A.D.3d at 537; Frasqueri, 193 A.D.3d at 464), and we decline to review his 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 (People v Key, 222 A.D.3d at 537; People v Gonzalez, 178 A.D.3d 440, 440 [1st Dept 2019], lv denied 35 N.Y.3d 941 [2020]).