People v. Person
This text of 2024 NY Slip Op 06216 (People v. Person) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
| People v Person |
| 2024 NY Slip Op 06216 |
| Decided on December 11, 2024 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on December 11, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ROBERT J. MILLER, J.P.
WILLIAM G. FORD
LAURENCE L. LOVE
DONNA-MARIE E. GOLIA, JJ.
2020-01972
(Ind. No. 1977/14)
v
Evan Person, appellant.
Patricia Pazner, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel; Lauren Slattery on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered February 13, 2019, convicting him of attempted assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the 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 those orders (see CPL 530.13[4]; People v Moncrieft, 168 AD3d 982, 985) is unpreserved for appellate review (see CPL 470.05[2]; People v Nieves, 2 NY3d 310, 316-318; People v Colon, 204 AD3d 938; People v Rivera-Hernandez, 200 AD3d 721, 722). Under the circumstances, we decline to reach the issue in the exercise of our interest of justice jurisdiction (see People v Colon, 204 AD3d at 939; People v Rivera-Hernandez, 200 AD3d at 722; People v Hagood-Fulson, 193 AD3d 973, 973). "[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 NY3d at 317; see People v Colon, 204 AD3d at 938; People v Rivera-Hernandez, 200 AD3d at 722).
MILLER, J.P., FORD, LOVE and GOLIA, JJ., concur.
ENTER:Darrell M. Joseph
Clerk of the Court
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2024 NY Slip Op 06216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-person-nyappdiv-2024.