PEOPLE v. SANTOS (2023)

Judgment, Supreme Court, New York County (Kate Paek, J.), rendered on or about October 21, 2021, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of nine years and two years’ postrelease supervision, unanimously affirmed.

Defendant's claim that waiver of his right to participate in, and apply to, the shock incarceration program runs afoul of public policy and infringes upon the Department of Correction's statutorily authorized role in determining conditions of confinement is unavailing.  Here, the record indicates that he voluntarily, knowingly, and intelligently waived this right (see People v. DeWitt, 166 A.D.3d 1572 [4th Dept 2018], lv denied 32 N.Y.3d 1171 [2019];  see generally Correction Law § 865).

Defendant also made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 558, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020];  People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015]).  The combination of the court's oral colloquy with defendant and the detailed written waiver that he signed after consultation with counsel satisfied the requirements of a valid waiver.  This waiver forecloses review of defendant's excessive sentence claim (see People v. Jackson, 138 A.D.3d 403, 27 N.Y.S.3d 857 [1st Dept. 2016], lv denied 27 N.Y.3d 1152, 39 N.Y.S.3d 386, 62 N.E.3d 126 [2016]).  Notwithstanding the waiver, we perceive no basis for reducing defendant's sentence.

Defendant's remaining contentions are unavailing.