People v Brown
2021 NY Slip Op 01059 [191 AD3d 896]
February 17, 2021
Appellate Division, Second Department
As corrected through Wednesday, March 31, 2021


[*1]
 The People of the State of New York,Respondent,
v
Charles Brown, Appellant.

Janet E. Sabel, New York, NY (Kristina Schwarz of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, andJessica Coalter of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (LeslieLeach, J.), rendered February 8, 2018, convicting him of criminal possession of a forgedinstrument in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the Supreme Courtfailed to articulate on the record its reasons for issuing the order of protection as required by CPL530.13 (4) (see People v Nieves, 2NY3d 310, 316-317 [2004]; Peoplev Colon, 187 AD3d 780, 780 [2020]; People v Gibson-Parish, 153 AD3d 1273, 1273 [2017]). Under thecircumstances, we decline to reach the issue in the exercise of our interest of justice jurisdiction."[T]he better practice—and best use of judicial resources—is for a defendantseeking adjustment of [an order of protection] to request relief from the issuing court in the firstinstance, resorting to the appellate courts only if necessary" (People v Nieves, 2 NY3d at317; see People v Hampton, 186AD3d 855 [2020]; People v DanielA., 183 AD3d 909, 910 [2020]). Dillon, J.P., LaSalle, Barros and Connolly, JJ.,concur.


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