Opinion
No. 2682 SCI No. 0046/20 Case No. 2022-01049
10-03-2024
The People of the State of New York, Respondent, v. Devinier Haskins, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Mary-Kathryn Smith of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Mary-Kathryn Smith of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Before: Kern, J.P., Oing, Kapnick, Kennedy, Shulman, JJ.
Order, Supreme Court, Bronx County (Nicholas Iacovetta, J., at plea, Judith Lieb, J. at sentencing), rendered April 19, 2021, convicting defendant of criminal impersonation in the first degree and sentencing him to a jail term of six months, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 US__, 140 S.Ct. 2634 [2020]). The combination of the court's oral colloquy with defendant, during which the court took the time to provide straightforward explanations for what defendant was waiving, how it differed from his trial waiver, and the rights that survived the appeal waiver, together with the detailed written waiver that he signed after consultation with counsel satisfied the requirements of a valid waiver. This waiver forecloses review of defendant's challenge to the issuance of an order of protection (see People v Rivera, 212 A.D.3d 471 [1st Dept 2023], lv denied 39 N.Y.3d 1113 [2023]; People v Frasqueri, 193 A.D.3d 464 [1st Dept 2021], lv denied 37 N.Y.3d 965 [2021]).
Regardless of whether defendant made a valid waiver of his right to appeal, he failed to preserve his challenge to the order of protection (see People v Nieves, 2 N.Y.3d 310, 315-317 [2004]; People v Key, 222 A.D.3d 536 [1st Dept 2023], lv denied 41 N.Y.3d 943 [2024]; People v Rivera, 212 A.D.3d at 471), despite opportunities to do so at the plea and sentencing proceedings, and we decline to review his claim in the interest of justice.