| People v Rodriguez |
| 2021 NY Slip Op 00880 [191 AD3d 807] |
| February 10, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Gregory Rodriguez, Appellant. |
Janet E. Sabel, New York, NY (Simon Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy ofcounsel; Robert Ho on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (WilliamMiller, J., at plea; Matthew Sciarrino, J., at sentence), rendered May 13, 2019, upon his plea ofguilty, and imposing sentence. The appeal brings up for review an order of protection issued atthe time of sentencing.
Ordered that upon the appeal from the judgment, the order of protection is affirmed.
The defendant contends that the Supreme Court erred in issuing an order of protection at thetime of his sentencing because the court failed to "state on the record the reasons for issuing. . . [the] order of protection" (CPL 530.13 [4]; see People v Moncrieft, 168 AD3d 982, 985-986 [2019]). Thedefendant's contention is unpreserved for appellate review, since he did not raise this issue at thesentencing proceeding or move to amend the final order of protection (see CPL 470.05[2]; People v Nieves, 2 NY3d310, 316-317 [2004]; People vElgut, 164 AD3d 1360, 1361 [2018]; People v Ramos, 164 AD3d 922, 923 [2018]). Under thecircumstances, we decline to review this issue in the exercise of our interest of justice jurisdiction(see People v Daniel A., 183 AD3d909, 909-910 [2020]; People vFlores, 178 AD3d 726, 726 [2019]; People v Elgut, 164 AD3d at 1361; People v Seeley, 162 AD3d 799,799 [2018]; People v Appiarius, 160AD3d 889 [2018]; People vPowell, 158 AD3d 824, 824 [2018]; People v Perry, 156 AD3d 654, 654 [2017]). "[T]he betterpractice—and best use of judicial resources—is for a defendant . . . torequest relief from the issuing court in the first instance, resorting to the appellate courts only ifnecessary" (People v Nieves, 2 NY3d at 317). Mastro, A.P.J., Miller, Duffy, LaSalle andWooten, JJ., concur.