| People v Gibson-Parish |
| 2017 NY Slip Op 06453 [153 AD3d 1273] |
| September 13, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,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 Slevinof 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, uponhis 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 ofsentencing survive his valid waiver of the right to appeal (see People v Bernardini, 142 AD3d 671 [2016]; People v Kumar, 127 AD3d 882[2015]; People v Smith, 112 AD3d759 [2013]; People vMorrisohn, 111 AD3d 853 [2013]; People v Cedeno, 107 AD3d 734 [2013]). However, the defendant'scontentions regarding the orders of protection are unpreserved for appellate review (see People v Nieves, 2 NY3d 310[2004]; People v Mitchell, 142AD3d 1185 [2016]; People vBernardini, 142 AD3d 671 [2016]; People v May, 138 AD3d 1146 [2016]; People v O'Connor, 136 AD3d945 [2016]; People v Hunter,135 AD3d 958 [2016]; People vFortier, 130 AD3d 642 [2015]), and we decline to review them in the exercise of ourinterest of justice jurisdiction. "[T]he better practice—and best use of judicialresources—is for a defendant seeking adjustment of [final orders of protection] to requestrelief from the issuing court in the first instance, resorting to the appellate courts only ifnecessary" (People v Nieves, 2 NY3d at 317). Eng, P.J., Leventhal, Sgroi, Cohen andMiller, JJ., concur.