PEOPLE v. LEWIS (2023)

Appeal from judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered June 18, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and sentencing him to three years’ probation, unanimously dismissed.

Defendant's challenges to his voluntary agreement to forfeit the $1,175 seized from his apartment at the time of his arrest are not properly before this Court because the forfeiture was not part of the judgment of conviction (compare People v. Abruzzese, 30 A.D.3d 219, 220, 816 N.Y.S.2d 464 [1st Dept. 2006], lv denied 7 N.Y.3d 784, 821 N.Y.S.2d 814, 854 N.E.2d 1278 [2006], with People v. Detres–Perez, 127 A.D.3d 535, 5 N.Y.S.3d 729 [1st Dept. 2015], lv denied 25 N.Y.3d 1162, 15 N.Y.S.3d 294, 36 N.E.3d 97 [2015]).  The court did not order any forfeiture, and the agreement was not part of the sentence (cf.  People v. Burgos, 129 A.D.3d 627, 627–628, 13 N.Y.S.3d 350 [1st Dept. 2015], lv denied 26 N.Y.3d 1038, 22 N.Y.S.3d 168, 43 N.E.3d 378 [2015]).  Rather, the forfeiture was “based on a voluntary settlement of a potential, separate civil proceeding, which would be governed by the CPLR” (Abruzzese, 30 A.D.3d at 220, 816 N.Y.S.2d 464).  Because no other issues are raised with respect to the judgment of conviction, the appeal is dismissed.