Opinion
10466 10466A Ind. 1718/15 1993/15
12-03-2019
The PEOPLE of the State of New York, Respondent, v. Jorge GONZALEZ, Defendant–Appellant.
Janet E. Sabel, The Legal Aid Society, New York (Whitney Elliott of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Whitney Elliott of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Friedman, J.P., Oing, Singh, Moulton, JJ.
Judgments, Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered August 3, 2017, convicting defendant, upon his pleas of guilty, of burglary in the third degree and attempted robbery in the third degree, and sentencing him to an aggregate term of one to three years, unanimously affirmed.
Defendant validly waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ) with respect to each case, which forecloses review of his excessive sentence claim and his challenge to the issuance of an order of protection. Regardless of whether defendant made a valid waiver of his right to appeal, his claim that the order of protection imposed at sentencing was procedurally defective requires preservation (see People v. Nieves, 2 N.Y.3d 310, 315–317, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004] ), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that the record sufficiently reflects the reasons for the imposition of the order of protection. We also perceive no basis for reducing the sentence.