PEOPLE v. COLEMAN (2024)

Judgment, Supreme Court, New York County (Abraham L. Clott, J.), rendered June 29, 2016, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to five years’ probation, unanimously affirmed.

The waiver of defendant's right to appeal was invalid.  The court did not adequately explain the nature of the right to appeal to defendant, or confirm that defendant understood the written waiver or that he had discussed it with counsel (see People v. Bonilla, 211 A.D.3d 614, 615, 180 N.Y.S.3d 162 [1st Dept. 2022];  People v. Thorne, 207 A.D.3d 73, 77, 169 N.Y.S.3d 63 [1st Dept. 2022]).

Based on our in camera review of the unredacted search warrant application and the minutes of the examination of the confidential informant by the issuing court, we find that there was probable cause to issue the warrant (see People v. Williams, 59 A.D.3d 339, 341, 874 N.Y.S.2d 63 [1st Dept. 2009], lv denied 12 N.Y.3d 861, 881 N.Y.S.2d 672, 909 N.E.2d 595 [2009]).