| People v Funderburk |
| 2022 NY Slip Op 05217 [208 AD3d 1250] |
| September 21, 2022 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Lance Funderburk, Appellant. |
Janet E. Sabel, New York, NY (Hannah B. Gladstein of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel,and Rachel Raimondi of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (JaneC. Tully, J.), rendered December 17, 2018, as amended February 6, 2019, convicting himof attempted criminal possession of a weapon in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant's contentions regarding the order of protection issued at the time ofsentencing are unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d310, 315-316 [2004]; People v Castillo, 174 AD3d 918 [2019]), and we declineto review them in the exercise of our interest of justice jurisdiction since the defendantagreed to the issuance of an order of protection as part of his plea agreement (see People v Glover, 186AD3d 621 [2020]; People vD.A., 184 AD3d 581, 583 [2020]; People v Smith, 83 AD3d 1213, 1213-1214 [2011])." '[T]he better practice—and best use of judicial resources—is for adefendant . . . to request relief from the issuing court in the first instance,resorting to the appellate courts only if necessary' " (People v Daniel A., 183 AD3d909, 910 [2020], quoting People v Nieves, 2 NY3d at 317). BrathwaiteNelson, J.P., Roman, Christopher and Ford, JJ., concur.