Opinion
09-28-2016
The PEOPLE, etc., respondent, v. Emanuel MITCHELL, appellant.
Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (Samantha S. Alessi of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (Samantha S. Alessi of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lopresto, J.), rendered July 14, 2015, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted of robbery in the first degree upon his plea of guilty. On his appeal from the judgment of conviction, the defendant contends that an order of protection, which was issued upon his conviction, should be vacated. Contrary to the People's contention, the order of protection is reviewable on appeal, as it is “among the orders and rulings that a defendant may challenge in an appeal from the judgment of conviction” (People v. Nieves, 2 N.Y.3d 310, 315, 778 N.Y.S.2d 751, 811 N.E.2d 13 ). However, the defendant failed to preserve for appellate review his challenge to the order of protection (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d at 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ; People v. Sweeney, 106 A.D.3d 841, 842, 966 N.Y.S.2d 120 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.
ENG, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.