Opinion
2016–09211 Ind. No. 8013/15
02-28-2018
The PEOPLE, etc., respondent, v. Devon POWELL, appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel; Masha Simonova on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel; Masha Simonova on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (James P. Sullivan, J.), rendered July 15, 2016, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Rennick, 123 A.D.3d 1146, 997 N.Y.S.2d 637 ; People v. Reyes, 121 A.D.3d 820, 993 N.Y.S.2d 379 ; People v. Coleman, 116 A.D.3d 708, 982 N.Y.S.2d 784 ) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). The defendant's contention that certain orders of protection, which were issued upon his conviction, should be vacated, is unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Mitchell, 142 A.D.3d 1185, 37 N.Y.S.3d 908 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
SCHEINKMAN, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.