PEOPLE v. WALLACE (2025)

Judgment, Supreme Court, Bronx County (Marsha Michael, J. at plea;  Guy Mitchell, J. at sentencing), rendered February 26, 2020, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to a term of five years of probation, unanimously affirmed.

“The combination of the court's colloquy and the detailed written waiver that defendant signed after consultation with counsel satisfied the requirements of a valid waiver” (People v. Commisso, 224 A.D.3d 463, 464, 203 N.Y.S.3d 92 [1st Dept. 2024], lv denied 41 N.Y.3d 1001, 213 N.Y.S.3d 249, 236 N.E.3d 1267 [2024]).  “While the court did not enumerate the claims that survived the waiver of appeal during its colloquy, the written waiver listed them, and the court confirmed that defendant reviewed the waiver with counsel and understood it” (People v. Holmes, 235 A.D.3d 435, 435, 227 N.Y.S.3d 61 [1st Dept. 2025]).

Defendant's valid waiver of his right to appeal forecloses review of his challenge to the validity of the search warrant and protective order (see People v. Haynie, 190 A.D.3d 654, 139 N.Y.S.3d 217 [1st Dept. 2021], lv denied 37 N.Y.3d 965, 148 N.Y.S.3d 773, 171 N.E.3d 249 [2021]).  As an alternative holding, we reject defendant's claim on the merits.  We find, based on our in camera review of sealed materials, that there was probable cause to issue a search warrant.  We decline to revisit this Court's prior order, which denied defendant's motion to unseal these materials (People v. Meran, 143 A.D.3d 423, 38 N.Y.S.3d 189 [1st Dept. 2016], lv denied 28 N.Y.3d 1074, 47 N.Y.S.3d 232, 69 N.E.3d 1028 [2016]).