PEOPLE v. BLEYDEN (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., at plea;  Raymond L. Bruce, J., at sentencing), rendered July 29, 2021, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a one-year conditional discharge, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of defendant's suppression claim.

As an alternative holding, defendant did not forfeit his challenge to the court's suppression ruling by pleading guilty before the court conducted a Darden hearing.  The court issued a final, appealable ruling that expressly denied his motion to controvert the warrant (CPL 710.70[2];  cf.  People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 [1986]), and there was no unresolved issue left open by the motion court's granting a Darden hearing (cf.  People v. Varon, 168 A.D.2d 349, 350, 562 N.Y.S.2d 673 [1st Dept. 1990], lv denied 77 N.Y.2d 911, 569 N.Y.S.2d 944, 572 N.E.2d 627 [1991]).

However, we deny defendant's application for disclosure of the unredacted search warrant materials, which could reveal the identity of the confidential informant.

Upon conducting an in camera review of the search warrant application, we find that the search warrant was issued based on probable cause (see People v. Castillo, 80 N.Y.2d 578, 585, 592 N.Y.S.2d 945, 607 N.E.2d 1050 [1992], cert denied 507 U.S. 1033, 113 S.Ct. 1854, 123 L.Ed.2d 477 [1993]).