| People v Seeley |
| 2018 NY Slip Op 04357 [162 AD3d 799] |
| June 13, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Damion Seeley, Appellant. |
Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski ofcounsel; Marielle Burnett on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (John Hecht,J.), rendered December 15, 2016, convicting him of criminal possession of stolen property in thefifth degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's appeal waiver was not valid because the record does not demonstrate that itwas knowingly, voluntarily, and intelligently entered (see People v Cassadean, 160 AD3d 655 [2018]). However, thedefendant's contention regarding the propriety of the issuance of an order of protection, which heagreed to as part of his negotiated plea, is unpreserved for appellate review, and we decline toreach it in the exercise of our interest of justice jurisdiction. Scheinkman, P.J., Balkin, Sgroi,Brathwaite Nelson and Christopher, JJ., concur.