| People v Smith |
| 2013 NY Slip Op 08278 [112 AD3d 759] |
| December 11, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Darrell Smith, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane Eisner,and Danit Almog of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(D'Emic, J.), rendered December 20, 2010, convicting him of burglary in the third degreeand criminal contempt in the first degree, 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 Ramos, 7 NY3d737, 738 [2006]; People vLopez, 6 NY3d 248, 256-257 [2006]). The defendant's valid waiver of his rightto appeal precludes review of his contention that the sentence imposed was excessive (see People v Bradshaw, 18NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d at 255-256).
The defendant's contentions concerning the duration of a final order of protectionsurvives his valid waiver of his right to appeal (see People v Cedeno, 107 AD3d 734 [2013]). Thedefendant, however, failed to preserve those contentions for appellate review(see CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 316-318 [2004]; Peoplev Cedeno, 107 AD3d at 734; People v Sanchez, 105 AD3d 1064 [2013]; People v Remington, 90 AD3d678, 679 [2011]; People vMaxineau, 78 AD3d 732, 732 [2010]), and we decline to review them in theexercise of our interest of justice jurisdiction. Skelos, J.P., Balkin, Leventhal and Sgroi,JJ., concur. [Prior Case History: 29 Misc 3d 1056.]