People v. Ray

• Citation: 176 A.D.3d 979,108 N.Y.S.3d 370 (Mem)
• Decision Date: 16 October 2019
• Docket Number: 2018-06236,S.C.I. No. 569/18
• Parties: The PEOPLE, etc., respondent, v. Ramon RAY, appellant.
• Court: New York Supreme Court — Appellate Division

176 A.D.3d 979
108 N.Y.S.3d 370 (Mem)

The PEOPLE, etc., respondent,
v.
Ramon RAY, appellant.

2018-06236
S.C.I. No. 569/18

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

Submitted - September 9, 2019
October 16, 2019

Paul Skip Laisure, New York, N.Y. (Samuel R. Feldman of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Lorrie A. Zinno on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Batista, 167 A.D.3d 69, 75, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

The defendant's contentions concerning the validity of one of the six orders of protection issued against him at the time of sentencing survives his appeal waiver (see People v. Seay, 172 A.D.3d 756, 757, 97 N.Y.S.3d 501 ; People v. Rodriguez, 157 A.D.3d 971, 971, 67 N.Y.S.3d 485 ; People v. Bernardini, 142 A.D.3d 671, 671, 36 N.Y.S.3d 827 ). However, the defendant's contentions regarding that order of protection are unpreserved for appellate review (see People v. Nieves, 2 N.Y.3d 310, 315, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Carryl, 169 A.D.3d 818, 820, 93 N.Y.S.3d 703 ), and we decline to review them in the exercise of our interest of justice jurisdiction. "[T]he better practice—and best use of judicial resources—is for a defendant seeking adjustment of [final orders of protection] to request relief from the issuing court in the first instance, resorting to the appellate courts only if...