| People v Nicholson |
| 2021 NY Slip Op 00192 [190 AD3d 768] |
| January 13, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jamel Nicholson, Appellant. |
Janet E. Sabel, New York, NY (Kristina Schwarz 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 August 21, 2018, convicting him of burglary in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Pursuant to a plea agreement, the defendant pleaded guilty to burglary in the second degree inexchange for a one-year term of imprisonment. The Supreme Court sentenced the defendant inaccordance with the terms of the plea agreement, and issued an order of protection in favor of awitness. The defendant appeals.
The defendant contends that the subject order of protection should be vacated on the basisthat Supreme Court failed to articulate on the record its reasons for issuing the order as requiredby CPL 530.13 (4), and also erred in setting the duration of the order. The defendant'scontentions are unpreserved for appellate review, as he failed to raise them at sentencing or moveto amend the order of protection on these grounds (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310,316-317 [2004]; People v Ramos,164 AD3d 922, 923 [2018]; Peoplev O'Connor, 136 AD3d 945 [2016]; People v Fortier, 130 AD3d 642, 643 [2015]). We decline to reachthese issues in the exercise of our interest of justice jurisdiction (see People v Colon, 187 AD3d780 [2020]; People v Daniel A.,183 AD3d 909 [2020]; People vRodriguez, 157 AD3d 971 [2018]). "[T]he better practice—and best use ofjudicial resources—is for a defendant . . . to request relief from the issuingcourt in the first instance, resorting to the appellate courts only if necessary" (People vNieves, 2 NY3d at 317; see Peoplev Daniel A., 183 AD3d 909 [2020]). Dillon, J.P., Hinds-Radix, Brathwaite Nelson andWooten, JJ., concur.