| People v Kumar |
| 2015 NY Slip Op 02985 [127 AD3d 882] |
| April 8, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Ravi Kumar, Appellant. |
Mark Diamond, New York, N.Y., for appellant.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Yael V. Levy of counsel;Matthew C. Frankel on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Calabrese, J.), rendered November 22, 2010, convicting him of reckless endangermentin the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
While the defendant validly waived his right to appeal (see People v Ramos, 7 NY3d737 [2006]; People vBrown, 122 AD3d 133 [2014]), his contentions concerning an order ofprotection issued at the time of sentencing survive his appeal waiver (see People v Cedeno, 107AD3d 734 [2013]). However, the defendant failed to preserve for appellate reviewhis contention regarding the duration of the order of protection (see CPL 470.05[2]; People v Nieves, 2NY3d 310, 316-318 [2004]; People v Smith, 112 AD3d 759 [2013]; People v Morrisohn, 111AD3d 853 [2013]), and we decline to reach it in the exercise of our interest ofjustice jurisdiction. Notably, the Court of Appeals has held that "the betterpractice—and best use of judicial resources—is for a defendant seekingadjustment of [final orders of protection] to request relief from the issuing court in thefirst instance" whereby a defendant "can expeditiously obtain correction of the ordersand, even if not successful, will have created a record that will facilitate appellatereview" (People v Nieves, 2 NY3d at 317).
The defendant's remaining contentions are without merit. Skelos, J.P., Leventhal,Cohen and Duffy, JJ., concur.