Summary
This is an uncorrected slip opinion from the New York Supreme Court, Appellate Division, Second Department, decided on May 14, 2025. The court affirmed the defendant's conviction for third-degree assault following a guilty plea. The appellate court addressed the defendant's unpreserved challenge to the duration of a protective order, finding it waived due to a valid appeal waiver and declining to exercise interest-of-justice jurisdiction.
Topics
Practice areas
Questions Presented
- Whether the defendant’s contention concerning the duration of the order of protection was preserved for appellate review.
Holdings
- The contention was unpreserved because the defendant neither raised the issue at sentencing nor moved to amend the final order of protection; therefore the judgment is affirmed.
Key quotations
“the 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” (at 1)
Factual background
Shaquan Almonds pleaded guilty to third‑degree assault in Queens County. At sentencing an order of protection was issued against him. He later challenged the duration of that order, arguing it survived his waiver of the right to appeal.
Procedural history
The defendant pleaded guilty to third‑degree assault, was sentenced, and an order of protection was issued. He appealed, contending the duration of the order of protection was not properly considered.