| People v DeRobertis |
| 2021 NY Slip Op 01062 [191 AD3d 898] |
| February 17, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v George DeRobertis, Appellant. |
Paul Skip Laisure, New York, NY (Sam Feldman of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy ofcounsel; Marielle Burnett on the memorandum), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Kings County (MartinP. Murphy, J.), both rendered November 2, 2018, convicting him of grand larceny in the thirddegree under indictment No. 10227/17, and burglary in the third degree under indictment No.223/18, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant's contentions regarding three final orders of protection issued at the time ofsentencing are unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310,316-318 [2004]). Moreover, "[b]ecause sentencing courts are in the best position to amendpermanent orders of protection, the better practice—and best use of judicialresources—is for a defendant seeking adjustment of such an order to request relief fromthe issuing court in the first instance, resorting to the appellate courts only if necessary"(People v Nieves, 2 NY3d at 317). Under the circumstances presented, we decline toreview the defendant's unpreserved contentions in the exercise of our interest of justicejurisdiction (see People v Colon,187 AD3d 780 [2020]; People vDaniel A., 183 AD3d 909 [2020]; People v Flores, 178 AD3d 726 [2019]). Dillon, J.P., Chambers,Austin, Hinds-Radix and Christopher, JJ., concur.