The People, etc., respondent, v. Eduardo E. Simmons, appellant. (2025)

Submitted—May 23, 2025

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered October 16, 2018, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that final orders of protection issued in favor of two of the victims should be vacated because the Supreme Court failed to state on the record its reasons for issuing them is unpreserved for appellate review, since it was not raised before the court (see People v. Gutierrez, _ AD3d _, 2025 N.Y. Slip Op 01947;  People v. Newman, 234 AD3d 877, 878).  In any event, the defendant's contention is without merit (see People v. Gutierrez _ AD3d _, 2025 N.Y. Slip Op 01947).  “[T]he defendant does not challenge the final order[s] of protection on any basis other than the court's failure to state its reasoning, and the only remedy he seeks for this sole error—vacatur of the order[s]—is not an appropriate remedy” (People v. Gutierrez, _ AD3d at _, 2025 N.Y. Slip Op 01947, *2;  cf.  People v. Moncrieft, 168 AD3d 982, 985).

BARROS, J.P., WARHIT, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court