| People v Holmes |
| 2022 NY Slip Op 03744 [206 AD3d 761] |
| June 8, 2022 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Desmond Holmes, Appellant. |
Patricia Pazner, New York, NY (Ryan Miller of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy ofcounsel; Marielle Burnett on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (MatthewSciarrino, Jr., J.), rendered December 11, 2017, convicting him of attempted criminal possessionof a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contentions regarding the final order 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]; People vDeRobertis, 191 AD3d 898 [2021]). Under the circumstances, we decline to reviewthese contentions in the exercise of our interest of justice jurisdiction (see People v DeRobertis, 191 AD3d898 [2021]; People vRodriguez, 191 AD3d 807, 808 [2021]; People v Hampton, 186 AD3d 855 [2020]). "[T]he betterpractice—and best use of judicial resources—is for a defendant seeking adjustmentof [an order of protection] to request relief from the issuing court in the first instance, resorting tothe appellate courts only if necessary" (People v Nieves, 2 NY3d at 317; see People v DeRobertis, 191 AD3d898 [2021]; People v Rodriguez, 191 AD3d at 808; People v Hampton, 186 AD3d 855[2020]). Barros, J.P., Roman, Christopher and Dowling, JJ., concur.