People v. Glover
| Decision Date | 26 June 2019 |
| Docket Number | 2017–00558,2017–00560,Ind. Nos. 5072/15, 6785/15 |
| Citation | 173 A.D.3d 1201,101 N.Y.S.3d 623 (Mem) |
| Court | New York Supreme Court — Appellate Division |
| Parties | The PEOPLE, etc., Respondent, v. Benjamin GLOVER, Appellant. |
Paul Skip Laisure, New York, N.Y. (Jonathan Schoepp–Wong of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Marielle Burnett on the brief), for respondent.
CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Alexander Jeong, J.), both rendered December 13, 2016, convicting him of attempted robbery in the second degree under Indictment No. 5072/15 and assault in the first degree under Indictment No. 6785/15, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's valid waiver of the right to appeal precludes appellate review of his contentions that the Supreme Court improvidently exercised its discretion in denying him youthful offender treatment as to the conviction of attempted robbery in the second degree (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Basurto–Lopez, 166 A.D.3d 643, 84 N.Y.S.3d 905 ), and that his sentences were excessive (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
Although the defendant's contentions regarding three orders of protection issued at the time of sentencing survive his valid appeal waiver (see People v. Nieves, 2 N.Y.3d 310, 316, 778 N.Y.S.2d 751, 811 N.E.2d 13 ), the defendant's contentions are unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d at 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Rodriguez, 157 A.D.3d 971, 67 N.Y.S.3d 485 ), and we decline to review them in the exercise of our interest of justice jurisdiction.
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