People v Glover
2020 NY Slip Op 04487 [186 AD3d 621]
August 12, 2020
Appellate Division, Second Department
As corrected through Wednesday, September 30, 2020


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

Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Sarah G. Pitts ofcounsel; Jared D. Michael on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (RuthShillingford, J.), rendered June 1, 2018, convicting him of attempted assault in the first degree,upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court lacked the authority to issue one of thetwo orders of protection issued at sentencing survives his valid waiver of the right to appeal (see People v Hanniford, 174 AD3d921, 922 [2019]; People vCastillo, 174 AD3d 918 [2019]; People v Cleverin, 171 AD3d 1086 [2019]). However, thedefendant's contention is unpreserved for appellate review because he failed to object to thatorder of protection at sentencing or otherwise raise the issue in the Supreme Court (seeCPL 470.05 [2]; People v Nieves, 2NY3d 310 [2004]; People vD.A., 184 AD3d 581, 583 [2020]; People v Castillo, 174 AD3d 918 [2019]; People v May, 138 AD3d 1146,1147 [2016]; People v Sweeney,106 AD3d 841, 842 [2013]), and we decline to review it in the exercise of our interest ofjustice jurisdiction since the defendant agreed to the issuance of that order of protection as part ofhis plea agreement (see People v D.A., 184 AD3d at 583; People v Smith, 83 AD3d 1213,1214 [2011]). Mastro, J.P., Miller, Maltese and Brathwaite Nelson, JJ., concur.


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