People v Holmes

Jun 8, 2022
2019-02424
Versions:

Patricia Pazner, New York, NY (Ryan Miller of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the memorandum), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew Sciarrino, Jr., J.), rendered December 11, 2017, convicting him of attempted criminal possession of 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 of sentencing are unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 316-318 [2004]; People v DeRobertis, 191 AD3d 898 [2021]). Under the circumstances, we decline to review these contentions in the exercise of our interest of justice jurisdiction (see People v DeRobertis, 191 AD3d 898 [2021]; People v Rodriguez, 191 AD3d 807, 808 [2021]; People v Hampton, 186 AD3d 855 [2020]). “[T]he better practice—and best use of judicial resources—is for a defendant seeking adjustment of [an order of protection] to request relief from the issuing court in the first instance, resorting to the appellate courts only if necessary” (People v Nieves, 2 NY3d at 317; see People v DeRobertis, 191 AD3d 898 [2021]; People v Rodriguez, 191 AD3d at 808; People v Hampton, 186 AD3d 855 [2020]). Barros, J.P., Roman, Christopher and Dowling, JJ., concur.