PEOPLE v. PEGUERO (2025)

Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered June 30, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 31/212 years, unanimously affirmed.

Defendant's waiver of his right to appeal was invalid.  Among other things, the court 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, based on our review of the record, and “our in camera review [of the sealed or redacted portions of] the search warrant application, the police officer's supporting affidavit, and the testimony of both the officer and the confidential informant before the ․ court” (see People v. Holmes, 235 A.D.3d 435, 227 N.Y.S.3d 61 [1st Dept. 2025]), “we find no basis to controvert the search warrant at issue or to grant any other relief” (People v. Jenkins, 200 A.D.3d 541, 541, 155 N.Y.S.3d 329 [1st Dept. 2021], lv denied 38 N.Y.3d 1071, 171 N.Y.S.3d 453, 191 N.E.3d 405 [2022]).