Opinion
No. 2022-07870 Ind. No. 2083/20
12-24-2024
The People of the State of New York, respondent, v. Angelo Cordero, appellant.
Patricia Pazner, New York, NY (Alexa Askari of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Melissa Owen, and Philip Cho of counsel), for respondent.
Patricia Pazner, New York, NY (Alexa Askari of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Melissa Owen, and Philip Cho of counsel), for respondent.
BETSY BARROS, J.P. LARA J. GENOVESI LILLIAN WAN LAURENCE L. LOVE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Abena Darkeh, J.), rendered September 13, 2022, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 N.Y.3d 337, 340-342; People v Lopez, 6 N.Y.3d 248, 256-257; People v Diaz, 169 A.D.3d 1059; cf. People v Daniel, 188 A.D.3d 908). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 N.Y.3d 248; People v Morrow, 198 A.D.3d 922, 923).
The defendant's contentions concerning the validity of one of the two orders of protection issued against him at the time of sentencing survive his appeal waiver (see People v Seay, 172 A.D.3d 756, 757; People v Rodriguez, 157 A.D.3d 971, 971; People v Bernardini, 142 A.D.3d 671, 671). However, those contentions are unpreserved for appellate review (see People v Nieves, 2 N.Y.3d 310, 315; People v Ray, 176 A.D.3d 979, 979; People v Carryl, 169 A.D.3d 818, 820), and we decline to review them in the exercise of our interest of justice jurisdiction (see People v Funderburk, 208 A.D.3d 1250; People v Brown, 191 A.D.3d 896). "[T]he better practice-and best use of judicial resources-is for a defendant seeking adjustment of [an order of protection] to request relief from the issuing court in the first instance, resorting to the appellate courts only if necessary" (People v Nieves, 2 N.Y.3d at 317).
BARROS, J.P., GENOVESI, WAN and LOVE, JJ., concur.