Opinion
2017–08023 Ind.No. 2271/16
05-01-2019
The PEOPLE, etc., Respondent, v. Jonlabarro SEAY, Appellant.
Paul Skip Laisure, New York, N.Y. (Jenin Younes of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher S. Bae of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Jenin Younes of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher S. Bae of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDERAppeal by the defendant from a judgment of the Supreme Court, Queens County (Deborah Stevens Modica, J.), rendered July 10, 2017, convicting him of criminal possession of a weapon in the third 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 does not preclude appellate review of his challenge to an order of protection issued against him at the time of sentencing (see People v. Bernardini, 142 A.D.3d 671, 36 N.Y.S.3d 827 ). However, the defendant's challenge to the order of protection is unpreserved for appellate review (see People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 ). In any event, the order of protection was valid because it was issued in favor of a witness to the crime (see People v. Konieczny, 2 N.Y.3d 569, 780 N.Y.S.2d 546, 813 N.E.2d 626 ). The defendant's challenge to the order of protection is without merit.
RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.