Summary
This is an appellate decision from the New York Supreme Court, Appellate Division, Second Department, affirming a Queens County Supreme Court judgment convicting the defendant of attempted burglary in the third degree following a guilty plea. The appellant challenged the issuance of three orders of protection, arguing they lacked a proper record basis and covered non-victims or witnesses. The court held that these arguments were unpreserved for appellate review and declined to exercise its interest of justice jurisdiction, noting the defendant had agreed to the orders as part of his plea agreement.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in issuing orders of protection without stating reasons on the record
- Whether the defendant’s contentions were preserved for appellate review
Holdings
- The orders of protection are affirmed because the defendant agreed to them as part of his plea agreement and the issues were not preserved for appellate review.
- The contentions were unpreserved and therefore not subject to appellate review.
Factual background
Lawrence Lemmerman pleaded guilty to attempted burglary in the third degree. At sentencing, the trial court issued three orders of protection. Lemmerman later sought to vacate those orders, claiming the trial court failed to state reasons on the record and that two orders favored non‑victims.
Procedural history
The defendant pleaded guilty to attempted burglary in the third degree and was sentenced with three orders of protection. He appealed the judgment, arguing the orders should be vacated.