Opinion
2016–01599 Ind. No. 1254/15
12-06-2017
The PEOPLE, etc., respondent, v. Rodger PERRY, appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Alexander Brennan on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Adolfsen of counsel; Alexander Brennan on the memorandum), for respondent.
RANDALL T. ENG, P.J., MARK C. DILLON, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Foley, J.), rendered February 2, 2016, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's contention regarding the order of protection issued at the time of sentencing survives his valid waiver of the right to appeal (see People v. Gibson–Parish, 153 A.D.3d 1273, 61 N.Y.S.3d 573; People v. Forte, 147 A.D.3d 973, 46 N.Y.S.3d 804 ; People v. Kumar, 127 A.D.3d 882, 4 N.Y.S.3d 900 ). However, the defendant's contention regarding the order of protection is unpreserved for appellate review, since he did not raise the issue at sentencing or move to amend the order of protection on the ground now raised (see People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Black, 144 A.D.3d 935, 41 N.Y.S.3d 126 ), and we decline to review it in the exercise of our interest of justice jurisdiction. ENG, P.J., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.