People v. Kumar

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered November 22, 2010, convicting him of reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence. *883 Ordered that the judgment is affirmed. While the defendant validly waived his right to appeal (see People v Ramos, 7 NY3d 737 [2006]; People v Brown, 122 AD3d 133 [2014]), his contentions concerning an order of protection issued at the time of sentencing survive his appeal waiver (see People v Cedeno, 107 AD3d 734 [2013]). However, the defendant failed to preserve for appellate review his contention regarding the duration of the order of protection (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310, 316-318 [2004]; People v Smith, 112 AD3d 759 [2013]; People v Morrisohn, 111 AD3d 853 [2013]), and we decline to reach it in the exercise of our interest of justice jurisdiction. Notably, the Court of Appeals has held that “the 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” whereby a defendant “can expeditiously obtain correction of the orders and, even if not successful, will have created a record that will facilitate appellate review” (People v Nieves, 2 NY3d at 317). The defendant’s remaining contentions are without merit. Skelos, J.P., Leventhal, Cohen and Duffy, JJ., concur.