Opinion
2018–06450 2018–06451 Ind. Nos. 2215/17, 5980/17
04-21-2021
The PEOPLE, etc., respondent, v. Cire HAGOOD–FULSON, appellant.
Janet E. Sabel, New York, N.Y. (Adrienne M. Gantt of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.
Janet E. Sabel, New York, N.Y. (Adrienne M. Gantt of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Marielle Burnett on the brief), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, BETSY BARROS, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Dena E. Douglas, J.), both rendered March 28, 2018, convicting him of grand larceny in the fourth degree under Indictment No. 2215/17, and attempted burglary in the third degree under Indictment No. 5980/17, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's contention that two final orders of protection issued at the time of sentencing should be vacated because the Supreme Court failed to state on the record its reasons for issuing them (see CPL 530.13[4] ; People v. Moncrieft, 168 A.D.3d 982, 92 N.Y.S.3d 335 ) is unpreserved for appellate review (see CPL 470.05[2] ; People v. Nieves, 2 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Collins, 117 A.D.3d 1535, 1535, 985 N.Y.S.2d 373 ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see People v. Colon, 187 A.D.3d 780, 130 N.Y.S.3d 344, People v. Daniel A., 183 A.D.3d 909, 124 N.Y.S.3d 365 ; People v. Flores, 178 A.D.3d 726, 111 N.Y.S.3d 242 ). "[T]he better practice—and best use of judicial resources—is for a defendant seeking adjustment of [final orders of protection] to request relief from the issuing court in the first instance, resorting to 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 ).
DILLON, J.P., AUSTIN, BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.