Opinion
2019–08410 Ind. No. 20164/19
04-13-2022
Patricia Pazner, New York, NY (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel), for respondent.
Patricia Pazner, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Arieh Schulman of counsel), for respondent.
ROBERT J. MILLER, J.P., JOSEPH J. MALTESE, JOSEPH A. ZAYAS, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Esther M. Morgenstern, J.), rendered June 17, 2019, convicting him of menacing in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that an order of protection issued at the time of sentencing should be vacated because the Supreme Court failed to state on the record the reasons for issuing it (see CPL 530.12[5] ) is unpreserved for appellate review because he failed to object to the order of protection at sentencing or otherwise raise the issue before the Supreme Court (see id. § 470.05[2]; People v. O'Sullivan, 198 A.D.3d 986, 157 N.Y.S.3d 47 ; see also People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. D.A., 184 A.D.3d 581, 583, 124 N.Y.S.3d 374 ; People v. Castillo, 174 A.D.3d 918, 103 N.Y.S.3d 317 ; People v. Cleverin, 171 A.D.3d 1086, 96 N.Y.S.3d 860 ; People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ; People v. Sweeney, 106 A.D.3d 841, 842, 966 N.Y.S.2d 120 ). We decline to review the contention in the exercise of our interest of justice jurisdiction since the defendant agreed to the issuance of that order as part of his plea agreement (see People v. D.A., 184 A.D.3d at 583, 124 N.Y.S.3d 374 ; People v. Smith, 83 A.D.3d 1213, 1214, 920 N.Y.S.2d 736 ).
MILLER, J.P., MALTESE, ZAYAS and FORD, JJ., concur.