PEOPLE v. VEGA (2025)

Judgment, Supreme Court, Bronx County (Shahabuddeen Ally, J., at plea;  Michael Hartfolis, J., at sentencing), rendered February 26, 2020, convicting defendant, upon his guilty plea, of failure to verify registration information (Corrections Law § 168–f[4]), and sentencing him to a jail term of three months, unanimously affirmed.

Defendant's voluntary waiver of his right to appeal precludes our review of his claim that Correction Law § 168–f(4) was unconstitutionally vague as applied to him (see People v. Johnson, 225 A.D.3d 453, 453–454, 206 N.Y.S.3d 584 [1st Dept. 2024], lv granted 42 N.Y.3d 939, 217 N.Y.S.3d 895, 242 N.E.3d 680 [2024]), because it demanded his address when he was homeless and had none (cf.  People v. Allen, 213 A.D.3d 73, 182 N.Y.S.3d 112 [1st Dept. 2023]).

As an alternative holding, we find that defendant's constitutional claim, which asks us to construe the address reporting requirement in Correction Law § 168–f(4) in the same manner as we did the parallel requirement in subsection 168–f(3) in Allen, is unpreserved (see People v. Baumann & Sons Buses, Inc., 6 N.Y.3d 404, 408, 813 N.Y.S.2d 27, 846 N.E.2d 457 [2006];  People v. Allen, 206 A.D.3d 539, 168 N.Y.S.3d 823 [1st Dept. 2022], appeal decided by 213 A.D.3d 73, 182 N.Y.S.3d 112 [1st Dept. 2023]).  In light of the consequent absence of a factual record of defendant's whereabouts at the relevant times, we decline to review it in the interest of justice.