People v Smith

People v Smith 2013 NY Slip Op 08278 Decided on December 11, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
2011-00579
(Ind. No. 9235/09)

[*1]The People of the State of New York, respondent,

v

Darrell Smith, appellant.




Steven Banks, New York, N.Y. (Lorca Morello of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Diane Eisner, and Danit
Almog of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered December 20, 2010, convicting him of burglary in the third degree and criminal contempt in the first degree, 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 Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 256-257). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267; People v Lopez, 6 NY3d at 255-256).

The defendant's contentions concerning the duration of a final order of protection survives his valid waiver of his right to appeal (see People v Cedeno, 107 AD3d 734). The defendant, however, failed to preserve those contentions for appellate review (see CPL 470.05[2]; People v Nieves, 2 NY3d 310, 316-318; People v Cedeno, 107 AD3d at 734; People v Sanchez, 105 AD3d 1064; People v Remington, 90 AD3d 678, 679; People v Maxineau, 78 AD3d 732, 732), and we decline to review them in the exercise of our interest of justice jurisdiction.
SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court