| People v McCoy |
| 2013 NY Slip Op 04177 [107 AD3d 1454] |
| June 7, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JamesA. McCoy, Appellant. |
—[*1] Sandra Doorley, District Attorney, Rochester (Nicole Fantigrossi of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Stephen T. Miller, A.J.),rendered July 1, 2010. The judgment convicted defendant, upon his plea of guilty, ofcriminal contempt in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofcriminal contempt in the first degree (Penal Law § 215.51 [b] [v]), defendantcorrectly contends that his waiver of the right to appeal was invalid. Although defendantconcedes that he signed a written waiver of his right to appeal, "there was no colloquybetween County Court and defendant regarding the waiver of the right to appeal toensure that it was knowingly, voluntarily and intelligently entered" (People v Carno, 101 AD3d1663, 1664 [2012], lv denied 20 NY3d 1060 [2013]; see People vCallahan, 80 NY2d 273, 283 [1992]; People v Grant, 83 AD3d 862, 862-863 [2011], lvdenied 17 NY3d 795 [2011]).
Defendant further contends that the permanent order of protection is invalid becausethe court failed to articulate on the record its reasons for issuing the order pursuant toCPL 530.12 (5). Although that contention is properly before us in light of defendant'sinvalid waiver of the right to appeal, we conclude that it is not preserved for our reviewinasmuch as defendant failed to object to the order of protection at sentencing (see People v Decker, 77 AD3d675, 675 [2010], lv denied 15 NY3d 952 [2010]; see also People v Nieves, 2NY3d 310, 316 [2004]), and we decline to exercise our power to review it as amatter of discretion in the interest of justice (see CPL 470.15 [6] [a]).Present—Centra, J.P., Fahey, Lindley, Sconiers and Valentino, JJ.