PEOPLE v. BAEZ (2025)

Judgment, Supreme Court, New York County (Thomas Farber, J., at suppression hearing;  Steven Statsinger, J., at plea and sentencing), rendered November 12, 2019, convicting defendant of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate term of eight years, unanimously affirmed.

Defendant's waiver of his right to appeal was invalid.  The court's colloquy was deficient because the court failed to confirm that the written waiver was translated into Spanish for defendant (see People v. Pelaez, 100 A.D.3d 803, 803, 954 N.Y.S.2d 554 [2d Dept. 2012], lv denied 21 N.Y.3d 945, 968 N.Y.S.2d 8, 990 N.E.2d 142 [2013]), incorrectly stated that defendant waived his right to challenge the sentence, and failed to confirm on the record that defendant understood the rights he was waiving (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011]).

However, in light of all of the facts, the warrantless entry into the apartment was justified by exigent circumstances (see People v. McBride, 14 N.Y.3d 440, 445, 902 N.Y.S.2d 830, 928 N.E.2d 1027 [2010], cert denied 562 U.S. 931, 131 S.Ct. 327, 178 L.Ed.2d 212 [2010]).  An informant, who had just been arrested in possession of a large quantity of heroin, told police that there was a significant quantity of narcotics in the apartment, and that if he did not return promptly, the narcotics would be destroyed and the apartment occupants would flee (see People v. Mojica–Sanchez, 90 A.D.3d 488, 489, 934 N.Y.S.2d 388 [1st Dept. 2011], lv denied 18 N.Y.3d 960, 944 N.Y.S.2d 489, 967 N.E.2d 714 [2012]).  Additionally, testimony at the hearing established that obtaining a warrant at night would have taken several hours (see id.).

We perceive no basis for reducing the sentence.