| People v Appiarius |
| 2018 NY Slip Op 02641 [160 AD3d 889] |
| April 18, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Bruce Appiarius, Appellant. |
Paul Skip Laisure, New York, NY (Cynthia Colt of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Christopher Blira-Koessler of counsel; Lorrie A. Zinno on the memorandum), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (RonaldHollie, J.), dated December 12, 2016, convicting him of assault in the third degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention concerning an order of protection issued at the time of sentencingwould survive his waiver of the right to appeal, even if the waiver is valid (see People v Gibson-Parish, 153 AD3d1273 [2017]; People v Cedeno,107 AD3d 734 [2013]). However, the defendant failed to preserve for appellate review hischallenge to the order of protection (seePeople v Nieves, 2 NY3d 310 [2004]; People v Gibson-Parish, 153 AD3d 1273 [2017]; People v Cedeno, 107 AD3d 734[2013]), and we decline to reach the issue in the exercise of our interest of justice jurisdiction."[T]he better practice—and best use of judicial resources—is for a defendantseeking adjustment of [final orders of protection] to request relief from the issuing court in thefirst instance, resorting to the appellate courts only if necessary" (People v Nieves, 2NY3d at 317). Scheinkman, P.J., Leventhal, Barros, Connolly and Iannacci, JJ., concur.