People v Glover
2019 NY Slip Op 05146 [173 AD3d 1201]
June 26, 2019
Appellate Division, Second Department
As corrected through Wednesday, July 31, 2019


[*1]
 The People of the State of New York,Respondent,
v
Benjamin Glover, Appellant.

Paul Skip Laisure, New York, NY (Jonathan Schoepp-Wong of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob ofcounsel; Marielle Burnett on the brief), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Kings County(Alexander Jeong, J.), both rendered December 13, 2016, convicting him of attempted robbery inthe second degree under indictment No. 5072/15 and assault in the first degree under indictmentNo. 6785/15, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant's valid waiver of the right to appeal precludes appellate review of hiscontentions that the Supreme Court improvidently exercised its discretion in denying himyouthful offender treatment as to the conviction of attempted robbery in the second degree (see People v Pacherille, 25 NY3d1021, 1024 [2015]; People vBasurto-Lopez, 166 AD3d 643 [2018]), and that his sentences were excessive (see People v Sanders, 25 NY3d337 [2015]; People v Lopez, 6NY3d 248, 255 [2006]).

Although the defendant's contentions regarding three orders of protection issued at the timeof sentencing survive his valid appeal waiver (see People v Nieves, 2 NY3d 310, 316 [2004]), the defendant'scontentions are unpreserved for appellate review (see CPL 470.05 [2]; People vNieves, 2 NY3d at 316-318; Peoplev Rodriguez, 157 AD3d 971 [2018]), and we decline to review them in the exercise ofour interest of justice jurisdiction. Chambers, J.P., Miller, LaSalle and Christopher, JJ.,concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.