PEOPLE v. SOTO (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Joanne Quinones, J.), rendered December 4, 2023, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bolton, 235 A.D.3d 995, 226 N.Y.S.3d 616;  People v. Lowe, 216 A.D.3d 670, 188 N.Y.S.3d 161).  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 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Moranski, 243 A.D.3d 810, 243 N.Y.S.3d 177).

Although the defendant had the opportunity to object to the duration of the order of protection issued at the time of sentencing, he declined to do so.  Therefore, his contention in that regard is unpreserved for appellate review, and we decline to reach it in the exercise of our interest of justice jurisdiction (see People v. Johnson, 241 A.D.3d 706, 707, 238 N.Y.S.3d 300;  People v. Person, 233 A.D.3d 804, 221 N.Y.S.3d 671).

BARROS, J.P., GENOVESI, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.