| People v Hampton |
| 2020 NY Slip Op 04766 [186 AD3d 855] |
| August 26, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v James Hampton, Appellant. |
Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Sarah G. Pitts ofcounsel; Marielle Burnett on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (WilliamMiller, J.), rendered August 7, 2017, convicting him of criminal contempt in the first degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was convicted, upon his plea of guilty, of criminal contempt in the firstdegree. On appeal, the defendant contends that the duration of an order of protection, issued atthe time of sentencing, should be modified.
The defendant's challenge to the duration of the order of protection is unpreserved forappellate review, since he did not raise this issue at sentencing or move to amend the order ofprotection on this ground (see People vCarmichael, 170 AD3d 742, 743 [2019]; People v Rodriguez, 157 AD3d 971 [2018]). Under thecircumstances, we decline to reach this contention in the exercise of our interest of justicejurisdiction. "[T]he better practice—and best use of judicial resources—is for adefendant seeking adjustment of [an order of protection] to request relief from the issuing courtin the first instance, resorting to the appellate courts only if necessary" (People v Nieves, 2 NY3d 310, 317[2004]; see People v Daniel A., 183AD3d 909, 910 [2020]; People v Carmichael, 170 AD3d at 743). Dillon, J.P.,Austin, Roman, Hinds-Radix and Christopher, JJ., concur.