| People v Almonds |
| 2025 NY Slip Op 02928 [238 AD3d 893] |
| May 14, 2025 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Shaquan Almonds, Appellant. |
Patricia Pazner, New York, NY (Denise A. Corsí of counsel), forappellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and NancyFitzpatrick Talcott of counsel; Damian Jhagroo on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Michael J. Yavinsky, J.), rendered March 21, 2023, convicting him of assault in thethird degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention concerning the duration of the order of protection issuedagainst him at the time of sentencing survives his valid waiver of his right to appeal (see People v Thomas, 34 NY3d545, 560 [2019]; People vNieves, 2 NY3d 310, 316 [2004]). However, this contention is unpreserved forappellate review, since the defendant neither raised this issue at sentencing nor moved toamend the final order of protection on this ground in the Supreme Court (see People vNieves, 2 NY3d at 315; People v Carryl, 169 AD3d 818, 820 [2019]). We declineto review the defendant's contention in the exercise of our interest of justice jurisdiction,as "the better practice—and best use of judicial resources—is for adefendant seeking adjustment of [an order of protection] to request relief from theissuing court in the first instance, resorting to the appellate courts only if necessary"(People v Nieves, 2 NY3d at 317; see People v Cordero, 233 AD3d 1056, 1056 [2024]).Connolly, J.P., Voutsinas, Landicino and Hom, JJ., concur.