PEOPLE v. CAMPBELL (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Mario F. Mattei, J.), rendered April 13, 2023, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.  The appeal brings up for review an order of protection issued at the time of sentencing.

ORDERED that upon the appeal from the judgment, the portions of the order of protection that were issued in favor of Steven Bracciani and David Jensen are vacated, as a matter of discretion in the interest of justice;  and it is further,

ORDERED that the judgment is affirmed.

As the People correctly concede, the Supreme Court had no authority to issue an order of protection in favor of Steven Bracciani and David Jensen, since these individuals were neither victims of, nor witnesses to, the crime to which the defendant entered a plea of guilty (see CPL 530.13[4];  People v. Fletcher, 220 A.D.3d 805, 198 N.Y.S.3d 708;  People v. Rosales, 198 A.D.3d 988, 989, 157 N.Y.S.3d 45).  Accordingly, we vacate those portions of the order of protection that were issued in favor of Bracciani and Jensen.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Harris, 230 A.D.3d 1336, 217 N.Y.S.3d 236 [2d Dept.]).  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. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

MALTESE, J.P., GENOVESI, WAN and GOLIA, JJ., concur.