People v. Hampton

186 A.D.3d 855

127 N.Y.S.3d 327 (Mem)

The PEOPLE, etc., Respondent,

v.James HAMPTON, Appellant.

2017–12114

Ind. No. 1238/16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—July 29, 2020

August 26, 2020

Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sarah G. Pitts of counsel; Marielle Burnett on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (William Miller, J.), rendered August 7, 2017, convicting him of criminal contempt in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was convicted, upon his plea of guilty, of criminal contempt in the first degree. On appeal, the defendant contends that the duration of an order of protection, issued at the time of sentencing, should be modified.

The defendant's challenge to the duration of the order of protection is unpreserved for appellate review, since he did not raise this issue at sentencing or move to amend the order of protection on this ground (see People v. Carmichael, 170 A.D.3d 742, 743, 95 N.Y.S.3d 271 ; People v. Rodriguez, 157 A.D.3d 971, 67 N.Y.S.3d 485 ). Under the circumstances, we decline to reach this contention 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 [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 310, 317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; see People v. Daniel A., 183 A.D.3d...