Opinion
2019–01670 Ind. No. 9070/17
09-21-2022
The PEOPLE, etc., 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.
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.
VALERIE BRATHWAITE NELSON, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, WILLIAM G. FORD, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jane C. Tully, J.), rendered December 17, 2018, as amended February 6, 2019, 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, as amended, is affirmed.
The defendant's contentions regarding the order of protection issued at the time of sentencing are unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 315–316, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Castillo, 174 A.D.3d 918, 103 N.Y.S.3d 317 ), and we decline to review them in the exercise of our interest of justice jurisdiction since the defendant agreed to the issuance of an order of protection as part of his plea agreement (see People v. Glover, 186 A.D.3d 621, 126 N.Y.S.3d 670 ; People v. D.A., 184 A.D.3d 581, 583, 124 N.Y.S.3d 374 ; People v. Smith, 83 A.D.3d 1213, 1213–1214, 920 N.Y.S.2d 736 ). " ‘[T]he better practice—and best use of judicial resources—is for a defendant ... to request relief from the issuing court in the first instance, resorting to the appellate courts only if necessary’ " ( People v. Daniel A., 183 A.D.3d 909, 910, 124 N.Y.S.3d 365, quoting People v. Nieves, 2 N.Y.3d at 317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ).
BRATHWAITE NELSON, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.