| People v Casanova |
| 2019 NY Slip Op 07876 [177 AD3d 582] |
| November 6, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Mario Casanova, Appellant. |
Paul Skip Laisure, New York, NY, for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Stephen J. Rooney, J.), rendered July 18, 2017, convicting him of attempted robbery inthe second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Ramos, 7 NY3d737, 738 [2006]; People vLopez, 6 NY3d 248, 255 [2006]; People v Stanley, 99 AD3d 955 [2012]).
The defendant's contention regarding the order of protection issued at the time ofsentencing survives his valid waiver of the right to appeal (see People v Castillo, 174AD3d 918 [2019]; People vGibson-Parish, 153 AD3d 1273 [2017]; People v Bernardini, 142 AD3d 671 [2016]). However, thedefendant's contention is unpreserved for appellate review (see CPL 470.05 [2];People v Nieves, 2 NY3d310, 316-318 [2004]; People v O'Connor, 136 AD3d 945, 945 [2016]), and wedecline to review it in the exercise of our interest of justice jurisdiction. "[T]he betterpractice—and best use of judicial resources—is for a defendant seekingadjustment of [a final order of protection] to request relief from the issuing court in thefirst instance, resorting to the appellate courts only if necessary" (People vNieves, 2 NY3d at 317). Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ.,concur.