Opinion
2021–09118 Ind. No. 231/20
03-29-2023
The PEOPLE, etc., respondent, v. Ruben MARTINEZ, appellant.
Mark Diamond, Pound Ridge, NY, for appellant. Anne T. Donnelly, District Attorney, Mineola, NY (Sarah Rabinowitz and Rebecca L. Abensur of counsel), for respondent.
Mark Diamond, Pound Ridge, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Sarah Rabinowitz and Rebecca L. Abensur of counsel), for respondent.
FRANCESCA E. CONNOLLY, J.P., ANGELA G. IANNACCI, PAUL WOOTEN, LILLIAN WAN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. McDonald, J.), rendered November 24, 2020, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contentions that two orders of protection issued at the time of sentencing should be vacated because they failed to comply with CPL 530.13 and he was not informed of the ramifications of the orders of protection are unpreserved for appellate review, as the defendant failed to object to the orders of protection at sentencing or otherwise raise those issues before the Supreme Court (see CPL 470.05[2] ; People v. Sullivan, 198 A.D.3d 986, 987, 157 N.Y.S.3d 47 ; People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ). Moreover, "[b]ecause sentencing courts are in the best position to amend permanent orders of protection, the better practice—and best use of judicial resources—is for a defendant seeking adjustment of such an order 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 310, 317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ). Under the circumstances presented, we decline to review the defendant's unpreserved contentions in the exercise of our interest of justice jurisdiction (see People v. Devore, 202 A.D.3d 707, 158 N.Y.S.3d 627 ; People v. Portillo, 196 A.D.3d 605, 147 N.Y.S.3d 455 ).
CONNOLLY, J.P., IANNACCI, WOOTEN and WAN, JJ., concur.