| People v Castillo |
| 2019 NY Slip Op 05993 [174 AD3d 918] |
| July 31, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Victor Castillo, Appellant. |
Paul Skip Laisure, New York, NY (David L. Goodwin of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, andArieh Schulman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (WilliamMiller, J.), rendered September 28, 2017, convicting him of unauthorized use of a vehicle in thethird degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contentions concerning the validity of one of the two orders of protectionissued at the time of sentencing survive his appeal waiver (see People v Gibson-Parish, 153 AD3d 1273 [2017]; People v Bernardini, 142 AD3d671 [2016]; People v Kumar,127 AD3d 882 [2015]; People vSmith, 112 AD3d 759 [2013]; People v Morrisohn, 111 AD3d 853 [2013]; People v Cedeno, 107 AD3d 734[2013]). However, the defendant's contentions regarding that order of protection are unpreservedfor appellate review (see People vNieves, 2 NY3d 310 [2004]; People v Gibson-Parish, 153 AD3d 1273 [2017]; People v Mitchell, 142 AD3d1185 [2016]; People vBernardini, 142 AD3d 671 [2016]; People v May, 138 AD3d 1146 [2016]; People v O'Connor, 136 AD3d 945[2016]; People v Hunter, 135 AD3d958 [2016]; People v Fortier,130 AD3d 642 [2015]), and we decline to review them in the exercise of our interest ofjustice jurisdiction. "[T]he better practice—and best use of judicial resources—isfor a defendant seeking adjustment of [final orders of protection] to request relief from theissuing court in the first instance, resorting to the appellate courts only if necessary" (People vNieves, 2 NY3d at 317). Dillon, J.P., Cohen, Connolly and Brathwaite Nelson, JJ.,concur.