PEOPLE v. LOUISSANT (2025)

Judgment, Supreme Court, Bronx County (Steven J. Hornstein, J.), rendered October 4, 2022, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him to a term of three years, followed by three years of post-release supervision, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559, 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]), which forecloses review of his excessive sentence claim (see People v. Ramirez, 226 A.D.3d 625, 625, 208 N.Y.S.3d 185 [1st Dept. 2024], lv denied 42 N.Y.3d 940, 217 N.Y.S.3d 906, 242 N.E.3d 691 [2024]).  In any event, we perceive no basis to reduce defendant's sentence.

Defendant's challenge to the issuance of the order of protection is foreclosed by his valid waiver of the right to appeal (see People v. Gonzalez, 178 A.D.3d 440, 111 N.Y.S.3d 171 [1st Dept. 2019], lv denied 35 N.Y.3d 941, 124 N.Y.S.3d 292, 147 N.E.3d 562 [2020]), and, in any event, he forfeited it by his plea (see People v. Konieczny, 2 N.Y.3d 569, 570, 780 N.Y.S.2d 546, 813 N.E.2d 626 [2004]).  He also failed to preserve his claim (see People v. Nieves, 2 N.Y.3d 310, 315–316, 778 N.Y.S.2d 751, 811 N.E.2d 13 [2004]), and we decline to consider the claim in the interest of justice.  In this regard, we note that defendant agreed to the terms of the order of protection.  As an alternative holding, we find that the record sufficiently reflects the reasons for the imposition of the order of protection (see People v. Gonzalez, 178 A.D.3d 440, 111 N.Y.S.3d 171).