| People v Cordero |
| 2024 NY Slip Op 06616 [233 AD3d 1056] |
| December 24, 2024 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Angelo Cordero, Appellant. |
Patricia Pazner, New York, NY (Alexa Askari of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Melissa Owen,and Philip Cho of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Abena Darkeh, J.), rendered September 13, 2022, convicting him of criminal possessionof a firearm, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly,voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d337, 340-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Diaz, 169 AD3d1059 [2019]; cf. People vDaniel, 188 AD3d 908 [2020]). The defendant's valid waiver of his right toappeal precludes appellate review of his contention that the sentence imposed wasexcessive (see People vLopez, 6 NY3d 248 [2006]; People v Morrow, 198 AD3d 922, 923 [2021]).
The defendant's contentions concerning the validity of one of the two orders ofprotection issued against him at the time of sentencing survive his appeal waiver (see People v Seay, 172 AD3d756, 757 [2019]; People vRodriguez, 157 AD3d 971, 971 [2018]; People v Bernardini, 142 AD3d 671, 671 [2016]).However, those contentions are unpreserved for appellate review (see People v Nieves, 2 NY3d310, 315 [2004]; People vRay, 176 AD3d 979, 979 [2019]; People v Carryl, 169 AD3d 818, 820 [2019]), and wedecline to review them in the exercise of our interest of justice jurisdiction (see People v Funderburk, 208AD3d 1250 [2022]; Peoplev Brown, 191 AD3d 896 [2021]). "[T]he better practice—and best use ofjudicial resources—is for a defendant seeking adjustment of [an order ofprotection] to request relief from the issuing court in the first instance, resorting to theappellate courts only if necessary" (People v Nieves, 2 NY3d at 317). Barros,J.P., Genovesi, Wan and Love, JJ., concur.