PEOPLE v. WILLIAMS (2025)

Judgment, Supreme Court, Bronx County (Marsha D. Michael, J.), rendered June 30, 2021, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

The court properly denied defendant's suppression motion.  The testifying officer observed defendant urinating on a public sidewalk, in violation of the Administrative Code of the City of New York (see Administrative Code § 16–118[6]).  This conduct provided the police with a basis to approach defendant to issue a summons or, in their discretion, to effectuate his arrest (see People v. Miranda, 19 N.Y.3d 912, 913 n *, 950 N.Y.S.2d 615, 974 N.E.2d 661 [2012];  see also People v. McCorkle, 111 A.D.3d 557, 558, 977 N.Y.S.2d 2 [1st Dept. 2013], lv denied 24 N.Y.3d 963, 996 N.Y.S.2d 222, 20 N.E.3d 1002 [2014]).  When the officers observed a knife in defendant's waistband as they approached him, they were authorized to frisk him as a “protective measure” (see People v. Terrance, 101 A.D.3d 624, 625, 957 N.Y.S.2d 316 [1st Dept. 2012], lv denied 20 N.Y.3d 1065, 962 N.Y.S.2d 616, 985 N.E.2d 926 [2013]).  Accordingly, the gun discovered during that frisk was lawfully recovered.

Defendant's challenge to his adjudication as a second felony offender on the ground “that his out-of-state conviction was not the equivalent of a New York felony is unpreserved because there was neither a timely objection before the sentencing court nor was the issue raised by a CPL 440.20 motion” (People v. Brown, 135 A.D.3d 605, 606, 22 N.Y.S.3d 870 [1st Dept. 2016], lv denied 27 N.Y.3d 993, 38 N.Y.S.3d 103, 59 N.E.3d 1215 [2016];  see People v. Jurgins, 26 N.Y.3d 607, 612, 26 N.Y.S.3d 495, 46 N.E.3d 1048 [2015]), and we decline to review it in the interest of justice.  Defendant's ineffective assistance of counsel claim “is unreviewable on direct appeal because the record does not explain counsel's reasons for declining to challenge the predicate conviction” (People v. Rincon, 62 A.D.3d 574, 575, 879 N.Y.S.2d 424 [1st Dept. 2009], lv denied 13 N.Y.3d 748, 886 N.Y.S.2d 102, 914 N.E.2d 1020 [2009]).