Opinion
2017–01275 Ind. No. 171/16
04-18-2018
The PEOPLE, etc., respondent, v. Bruce APPIARIUS, appellant.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel; Lorrie A. Zinno on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ronald Hollie, J.), dated December 12, 2016, 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 an order of protection issued at the time of sentencing would survive his waiver of the right to appeal, even if the waiver is valid (see People v. Gibson–Parish, 153 A.D.3d 1273, 59 N.Y.S.3d 702; People v. Cedeno, 107 A.D.3d 734, 965 N.Y.S.2d 887 ). However, the defendant failed to preserve for appellate review his challenge to the order of protection (see People v. Nieves, 2 N.Y.3d 310, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Gibson–Parish, 153 A.D.3d 1273, 59 N.Y.S.3d 702; People v. Cedeno, 107 A.D.3d 734, 965 N.Y.S.2d 887 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction. "[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 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 ).
SCHEINKMAN, P.J., LEVENTHAL, BARROS, CONNOLLY and IANNACCI, JJ., concur.