| People v Thomas |
| 2021 NY Slip Op 02322 [193 AD3d 889] |
| April 14, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Darryl Thomas, Appellant. |
Janet E. Sabel, New York, NY (Kristina Schwarz of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Roni C. Piplani, andAntara D. Kanth of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leslie G.Leach, J.), rendered February 25, 2019, convicting him of attempted robbery in the seconddegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, he validly waived his right to appeal (see People v Thomas, 34 NY3d545 [2019]; People v Sanders,25 NY3d 337 [2015]; People vCarryl, 169 AD3d 818 [2019]). Nonetheless, the defendant's contentions that an order ofprotection should be vacated because the Supreme Court failed to articulate on the record itsreasons for issuing the order of protection as required by CPL 530.13 (4), and that the court erredin setting the duration of the order, survive his appeal waiver (see People v Guidice, 183 AD3d 913 [2020]; People vCarryl, 169 AD3d at 820; People vAppiarius, 160 AD3d 889 [2018]). However, those contentions are unpreserved forappellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 316-317 [2004]; People v DeRobertis, 191 AD3d898 [2021]). The defendant failed to raise these issues at sentencing or move to amend theorder of protection on these grounds, and we decline to reach them in the exercise of our interestof justice jurisdiction (see People vNicholson, 190 AD3d 768, 769 [2021]; People v Colon, 187 AD3d 780 [2020]; People v Rodriguez, 157 AD3d971 [2018]). Dillon, J.P., Austin, Barros, Brathwaite Nelson and Christopher, JJ.,concur.