PEOPLE v. JEFFERSON (2024)

Appeal from judgment, Supreme Court, Bronx County (Nicholas J. Iocavetta, J., at plea;  Judith Lieb, J., at sentencing), rendered October 29, 2021, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of two years, unanimously dismissed.

Defendant's challenges to his voluntary agreement to forfeit the $80 seized from his person 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” (People v. Lewis, 222 A.D.3d 600, 600–601, 200 N.Y.S.3d 19 [1st Dept. 2023], lv denied 41 N.Y.3d 1019, 214 N.Y.S.3d 316, 237 N.E.3d 1255 [2024];  People v. 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.

Were we not dismissing the appeal, we would affirm on the ground of defendant's valid waiver of his right to appeal and his waiver of his right to raise any appellate challenge to the forfeiture agreement (see People v. Sanchez, 223 A.D.3d 482, 203 N.Y.S.3d 280 [1st Dept. 2024], lv denied 41 N.Y.3d 1020, 214 N.Y.S.3d 307, 237 N.E.3d 1247 [2024];  People v. Abruzzese, 30 A.D.3d at 220, 816 N.Y.S.2d 464).