Opinion
09-13-2017
The PEOPLE, etc., respondent, v. Jason GIBSON–PARISH, appellant.
Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Slevin of counsel; Robert Ho on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Slevin of counsel; Robert Ho on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (W.Miller, J.), rendered October 29, 2015, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contentions concerning two orders of protection issued at the time of sentencing survive his valid waiver of the right to appeal (see People v. Bernardini, 142 A.D.3d 671, 36 N.Y.S.3d 827 ; People v. Kumar, 127 A.D.3d 882, 4 N.Y.S.3d 900 ; People v. Smith, 112 A.D.3d 759, 976 N.Y.S.2d 564 ; People v. Morrisohn, 111 A.D.3d 853, 975 N.Y.S.2d 350 ; People v. Cedeno, 107 A.D.3d 734, 965 N.Y.S.2d 887 ). However, the defendant's contentions regarding the orders of protection are unpreserved for appellate review (see People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Mitchell, 142 A.D.3d 1185, 37 N.Y.S.3d 908 ; People v. Bernardini, 142 A.D.3d 671, 36 N.Y.S.3d 827 ; People v. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ; People v. Hunter, 135 A.D.3d 958, 22 N.Y.S.3d 905 ; People v. Fortier, 130 A.D.3d 642, 12 N.Y.S.3d 283 ), and we decline to review them in the exercise of our interest of justice jurisdiction. "[T]he better practice—and best use of judicial resources—is for a defendant seeking adjustment of [final orders of protection] to request relief from the issuing court in the first instance, resorting to the appellate courts only if necessary" ( People v. Nieves,
2 N.Y.3d at 317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ).
ENG, P.J., LEVENTHAL, SGROI, COHEN and MILLER, JJ., concur.