PEOPLE v. PENA (2025)

Judgment, Supreme Court, Bronx County (Guy H. Mitchell, J.), rendered January 5, 2024, convicting defendant, upon his plea of guilty, of petit larceny, and sentencing him to two years of probation, unanimously affirmed.

The court properly imposed, as a condition of probation, a requirement that defendant consent to warrantless searches of his person, home, and car (see People v. Scott, 226 A.D.3d 443, 443, 208 N.Y.S.3d 170 [1st Dept. 2024], lv denied 42 N.Y.3d 930, 216 N.Y.S.3d 105, 240 N.E.3d 824 [2024]).  The condition was reasonably related to his rehabilitation, given defendant's conduct in the instant offense in which he was armed with a glass bottle which he used as a weapon, his youthful offender adjudication for fourth-degree weapon possession, the use of a firearm during the crime by an unapprehended accomplice, as well as the photograph recovered from his iCloud account which depicted firearms displayed on his bed (id.;  see Penal Law § 65.10[1]).

Although we find that defendant did not make a valid waiver of his right to appeal, we perceive no basis for reducing the sentence.