PEOPLE v. HASKINS (2024)

Order, Supreme Court, Bronx County (Nicholas Iacovetta, J., at plea, Judith Lieb, J. at sentencing), rendered April 19, 2021, convicting defendant of criminal impersonation in the first degree and sentencing him to a jail term of six months, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]).  The combination of the court's oral colloquy with defendant, during which the court took the time to provide straightforward explanations for what defendant was waiving, how it differed from his trial waiver, and the rights that survived the appeal waiver, together with the detailed written waiver that he signed after consultation with counsel satisfied the requirements of a valid waiver.  This waiver forecloses review of defendant's challenge to the issuance of an order of protection (see People v. Rivera, 212 A.D.3d 471, 179 N.Y.S.3d 583 [1st Dept. 2023], lv. denied 39 N.Y.3d 1113, 186 N.Y.S.3d 840, 208 N.E.3d 68 [2023]; People v. Frasqueri, 193 A.D.3d 464, 141 N.Y.S.3d 707 [1st Dept. 2021], lv. denied 37 N.Y.3d 965, 148 N.Y.S.3d 766, 171 N.E.3d 242 [2021]).

Regardless of whether defendant made a valid waiver of his right to appeal, he failed to preserve his challenge to the order of protection (see People v. Nieves, 2 N.Y.3d 310, 315–317, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004];  People v. Key, 222 A.D.3d 536, 199 N.Y.S.3d 501 [1st Dept. 2023], lv denied 41 N.Y.3d 943, 206 N.Y.S.3d 254, 229 N.E.3d 1147 [2024];  People v. Rivera, 212 A.D.3d at 471, 179 N.Y.S.3d 583), despite opportunities to do so at the plea and sentencing proceedings, and we decline to review his claim in the interest of justice.