People v. Soto

Summary

The Appellate Division, Second Department, affirmed Miguel Soto’s judgment convicting him, upon his guilty plea, of attempted criminal possession of a weapon in the third degree. The court held that Soto knowingly waived his right to appeal, barring review of his excessive-sentence claim, and that his challenge to the duration of the order of protection was unpreserved.

Holdings

1. The defendant's valid, knowing, voluntary, and intelligent waiver of the right to appeal precluded appellate review of his contention that the sentence was excessive.
2. The defendant's challenge was unpreserved because he had an opportunity to object to the duration of the order of protection at sentencing but declined to do so, and the court declined to reach the issue in the interest of justice.

Questions Presented

1. Whether the defendant's waiver of his right to appeal barred appellate review of his excessive-sentence claim.
2. Whether the defendant preserved his challenge to the duration of the order of protection issued at sentencing.

Disposition

affirmed