People v. Kumar

Decision Date08 April 2015
Citation4 N.Y.S.3d 900 (Mem),2015 N.Y. Slip Op. 02985,127 A.D.3d 882
PartiesThe PEOPLE, etc., respondent, v. Ravi KUMAR, appellant.
CourtNew York Supreme Court — Appellate Division

Mark Diamond, New York, N.Y., for appellant.

Madeline Singas, Acting District Attorney, Mineola, N.Y. (Yael V. Levy of counsel; Matthew C. Frankel on the brief), for respondent.

Opinion

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.

ORDERED that the judgment is affirmed.

While the defendant validly waived his right to appeal (see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ), his contentions concerning an order of protection issued at the time of sentencing survive his appeal waiver (see People v. Cedeno, 107 A.D.3d 734, 965 N.Y.S.2d 887 ). 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 N.Y.3d 310, 316–318, 778 N.Y.S.2d 751, 811 N.E.2d 13 ; People v. Smith, 112 A.D.3d 759, 976 N.Y.S.2d 564 ; People v. Morrisohn, 111 A.D.3d 853, 975 N.Y.S.2d 350 ), 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 N.Y.3d at 317, 778 N.Y.S.2d 751, 811 N.E.2d 13 ).

The defendant...

To continue reading

Request your trial
18 cases
  • People v. May
    • United States
    • New York Supreme Court — Appellate Division
    • 27 Abril 2016
    ...protection issued at the time of sentencing as was in favor of his biological children survive his appeal waiver (see People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ; People v. Sabo, 117 A.D.3d 1089, 986 N.Y.S.2d 232 ; People v. Lilley, 81 A.D.3d 1448, 917 N.Y.S.2d 494 ). However, the......
  • People v. Carmichael
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Marzo 2019
    ...(see People v. Elgut, 164 A.D.3d 1360, 83 N.Y.S.3d 330 ; People v. O'Connor, 136 A.D.3d 945, 24 N.Y.S.3d 918 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ). We decline to reach this contention in the exercise of our interest of justice jurisdiction, as the better practice—and best......
  • People v. Hanniford
    • United States
    • New York Supreme Court — Appellate Division
    • 31 Julio 2019
    ...at the time of sentencing survive his appeal waiver (see People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ; People v. Sabo, 117 A.D.3d 1089, 986 N.Y.S.2d 232 ). As the defendant correctly contends, the County Court had no authority......
  • People v. Elgut
    • United States
    • New York Supreme Court — Appellate Division
    • 19 Septiembre 2018
    ...v. Cedeno, 107 A.D.3d 734, 965 N.Y.S.2d 887 ; see also People v. Bernardini, 142 A.D.3d at 672, 36 N.Y.S.3d 827 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ). However, the defendant's contentions are unpreserved for appellate review, since he did not raise these issues at sentenc......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT