| People v Seay |
| 2019 NY Slip Op 03377 [172 AD3d 756] |
| May 1, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jonlabarro Seay, Appellant. |
Paul Skip Laisure, New York, NY (Jenin Younes of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Christopher S. Bae of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (DeborahStevens Modica, J.), rendered July 10, 2017, convicting him of criminal possession of a weaponin the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal does not preclude appellate review of hischallenge to an order of protection issued against him at the time of sentencing (see People v Bernardini, 142 AD3d671 [2016]). However, the defendant's challenge to the order of protection is unpreserved forappellate review (see People vNieves, 2 NY3d 310 [2004]). In any event, the order of protection was valid because itwas issued in favor of a witness to the crime (see People v Konieczny, 2 NY3d 569 [2004]). The defendant'schallenge to the order of protection is without merit. Rivera, J.P., Hinds-Radix, BrathwaiteNelson and Iannacci, JJ., concur.