PEOPLE v. ALMONDS (2025)

DECISION & ORDER

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 the third 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 issued against him at the time of sentencing survives his valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 560, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Nieves, 2 N.Y.3d 310, 316, 778 N.Y.S.2d 751, 811 N.E.2d 13).  However, this contention is unpreserved for appellate review, since the defendant neither raised this issue at sentencing nor moved to amend the final order of protection on this ground in the Supreme Court (see People v. Nieves, 2 N.Y.3d at 315, 778 N.Y.S.2d 751, 811 N.E.2d 13;  People v. Carryl, 169 A.D.3d 818, 820, 93 N.Y.S.3d 703).  We decline to 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 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 N.Y.3d at 317, 778 N.Y.S.2d 751, 811 N.E.2d 13;  see People v. Cordero, 233 A.D.3d 1056, 1056, 222 N.Y.S.3d 653).

CONNOLLY, J.P., VOUTSINAS, LANDICINO and HOM, JJ., concur.