People v Seeley

Appellate Division of the Supreme Court, Second Department

Jun 13, 2018

2017-01240

Versions:

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

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Marielle Burnett on the memorandum), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (John Hecht, J.), rendered December 15, 2016, convicting him of criminal possession of stolen property in the fifth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant‘s appeal waiver was not valid because the record does not demonstrate that it was knowingly, voluntarily, and intelligently entered (see People v Cassadean, 160 AD3d 655 [2018]). However, the defendant‘s contention regarding the propriety of the issuance of an order of protection, which he agreed to as part of his negotiated plea, is unpreserved for appellate review, and we decline to reach it in the exercise of our interest of justice jurisdiction. Scheinkman, P.J., Balkin, Sgroi, Brathwaite Nelson and Christopher, JJ., concur.