People v Pessoa, 2024 NY Slip Op 05836 [232 AD3d 519]

November 21, 2024

Appellate Division, First Department

[*1]

The People of the State of New York, Respondent,

v

Sean Pessoa, Appellant.

Twyla Carter, The Legal Aid Society, New York (Ji Hyun Rhim of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Harold Adler, J., at plea; George R. Villegas, J., at sentencing), rendered December 5, 2018, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him, as a second felony offender, to a term of one and 1 1/2 to 3 years, unanimously affirmed.

Regardless of whether defendant made a valid waiver of his right to appeal, his claim that the order of protection imposed at sentencing was procedurally defective requires preservation ( see People v Nieves , 2 NY3d 310 , 315-317 [2004]; People v Key , 222 AD3d 536 , 537 [2023]), and we decline to review it in the interest of justice. In this regard, we note that defendant agreed to the final order of protection as a condition of the plea agreement ( see People v Augustin-Miranda , 215 AD3d 981 [2d Dept 2023], lv denied 40 NY3d 949 [2023]). As an alternative holding, we find that the record sufficiently reflects the reasons for the imposition of the order of protection ( see People v Gonzalez , 178 AD3d 440 [1st Dept 2019], lv denied 35 NY3d 941 [2020]). Concur—Webber, J.P., Singh, Gesmer, Pitt-Burke, Michael, JJ..