People v. Glover, 2020 NY Slip Op 4487 (N.Y. App. Div. 2020). · Go Syfert
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People v. Glover, 2020 NY Slip Op 4487 (N.Y. App. Div. 2020). Cases Citing This Book View Copy Cite
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The defendant's contention regarding a temporary order of protection is unpreserved for appellate review, and we decline to reach it in the exercise of our interest of justice jurisdiction ( see People v Glover , 186 AD3d at 621; People v Kennedy , 151 AD3d 1079, 1080 ).
Retrieving the full opinion text from the archive…
People
v.
Glover
Ind. No. 5054/17.
Appellate Division of the Supreme Court of the State of New York.
Aug 12, 2020.
2020 NY Slip Op 4487
Cited by 2 opinions  |  Published
People v Glover (2020 NY Slip Op 04487)
People v Glover
2020 NY Slip Op 04487
Decided on August 12, 2020
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 August 12, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.

2018-07866
(Ind. No. 5054/17)

[*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 of counsel; Jared D. Michael on the brief), for respondent.



DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruth Shillingford, 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 the two orders of protection issued at sentencing survives his valid waiver of the right to appeal (see People v Hanniford, 174 AD3d 921, 922; People v Castillo, 174 AD3d 918; People v Cleverin, 171 AD3d 1086). However, the defendant's contention is unpreserved for appellate review because he failed to object to that order of protection at sentencing or otherwise raise the issue in the Supreme Court (see CPL 470.05[2]; People v Nieves, 2 NY3d 310; People v D.A., 184 AD3d 581, 583; People v Castillo, 174 AD3d 918; People v May, 138 AD3d 1146, 1147; People v Sweeney, 106 AD3d 841, 842), and we decline to review it in the exercise of our interest of justice jurisdiction since the defendant agreed to the issuance of that order of protection as part of his plea agreement (see People v D.A., 184 AD3d at 583; People v Smith, 83 AD3d 1213, 1214).

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court