PEOPLE v. JOHNSON (2025)

Judgment, Supreme Court, Bronx County (Connie Morales, J.), rendered December 8, 2023, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him to a term of three years’ probation, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 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]).  The combination of the court's oral colloquy with defendant, and the written waiver he signed after consultation with counsel, established that defendant had been adequately apprised of the appellate rights he was waiving.  The waiver forecloses review of his excessive sentence claim.  In any event, we perceive no basis for reducing the sentence.

Defendant's appeal waiver does not foreclose his challenge to the condition of probation requiring that he consent to warrantless searches of his person, home, and car (see People v. Arias, 210 A.D.3d 593, 594, 179 N.Y.S.3d 47 [1st Dept. 2022], lv denied 39 N.Y.3d 1109, 186 N.Y.S.3d 844, 208 N.E.3d 72 [2023]), which also does not require preservation (see People v. Hakes, 32 N.Y.3d 624, 628 n. 3, 94 N.Y.S.3d 221, 118 N.E.3d 883 [2018];  People v. Letterlough, 86 N.Y.2d 259, 263 n. 1, 631 N.Y.S.2d 105, 655 N.E.2d 146 [1995]).  However, we reject it on the merits.  The condition was reasonably related to defendant's rehabilitation, given that he was armed with a sharp object when he committed this violent offense (compare People v. Hall, 228 A.D.3d 466, 211 N.Y.S.3d 376 [1st Dept. 2024];  People v. Arias, 210 A.D.3d at 594, 179 N.Y.S.3d 47).