People v. Funderburk

• Decision Date: 21 September 2022
• Docket Number: 2019–01670,Ind. No. 9070/17
• Citation: 208 A.D.3d 1250,174 N.Y.S.3d 272 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Lance FUNDERBURK, appellant.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 1250
174 N.Y.S.3d 272 (Mem)

The PEOPLE, etc., respondent,
v.
Lance FUNDERBURK, appellant.

2019–01670
Ind. No. 9070/17

Supreme Court, Appellate Division, Second Department, New York.

Argued—March 7, 2022
September 21, 2022

Janet E. Sabel, New York, NY (Hannah B. Gladstein of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Rachel Raimondi of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, WILLIAM G. FORD, JJ.

DECISION & ORDER

174 N.Y.S.3d 273

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jane C. Tully, J.), rendered December 17, 2018, as amended February 6, 2019, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment, as amended, is affirmed.

The defendant's contentions regarding the order of protection issued at the time of sentencing are unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 315–316, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Castillo, 174 A.D.3d 918, 103 N.Y.S.3d 317 ), and we decline to review them in the exercise of our interest of justice jurisdiction since the defendant agreed to the issuance of an order of protection as part of his plea agreement (see People v. Glover, 186 A.D.3d 621, 126 N.Y.S.3d 670 ; People v. D.A., 184 A.D.3d 581, 583, 124 N.Y.S.3d 374 ; People v. Smith, 83 A.D.3d 1213, 1213–1214, 920 N.Y.S.2d 736 ). " ‘[T]he better practice—and best use of judicial...