PEOPLE v. LAZARETH (2025)

Judgment, Supreme Court, New York County (Stephen N. Antignani, J.), rendered February 2, 2021, convicting defendant, upon his plea of guilty, of assault in the third degree, adjudicating him a youthful offender, and sentencing him to a conditional discharge of one year, 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 and the detailed written waiver that he signed after consultation with counsel satisfied the requirements of a valid waiver.  This waiver forecloses review of his challenge to the issuance of an order of protection (see People v. Haskins, 231 A.D.3d 449, 450, 217 N.Y.S.3d 570 [1st Dept. 2024];  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]).

Moreover, defendant failed to preserve his challenge to the order of protection on grounds that the court did not articulate on the record its reason for issuing the order (CPL 530.13[4];  see People v. Nieves, 2 N.Y.3d 310, 315–316, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004];  People v. Rickertt, 181 A.D.3d 429, 430, 116 N.Y.S.3d 901 [1st Dept. 2020], lv denied 35 N.Y.3d 1048, 127 N.Y.S.3d 832, 151 N.E.3d 513 [2020]), and we decline to review it in the interest of justice (see People v. Bryant. 132 A.D.3d 502, 502, 17 N.Y.S.3d 643 [1st Dept. 2015], lv denied 26 N.Y.3d 1086, 23 N.Y.S.3d 643, 44 N.E.3d 941 [2015]).