PEOPLE v. BALAGUER (2025)

Judgment, Supreme Court, New York County (Erika M. Edwards, J., on motion to controvert search warrant;  Ellen Biben, J., at pleas and sentencing), rendered Oct0ber 19, 2023, as amended November 16, 2023, March 1, 2024 and March 4, 2024, convicting defendant of attempted criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender with a prior violent felony offense, to concurrent terms of 31/212 years and 21/212 years, respectively, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 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 his challenge to the denial of his motion to controvert a search warrant and review of his excessive sentence claim (see People v. Hines, 237 A.D.3d 549, 229 N.Y.S.3d 424 [1st Dept. 2025];  People v. Samuels, 195 A.D.3d 570, 570–571, 146 N.Y.S.3d 483 [1st Dept. 2021], lv denied 37 N.Y.3d 1148, 159 N.Y.S.3d 348, 180 N.E.3d 512 [2021]).  As an alternative holding, we find that the warrant was based on probable cause (see People v. Griminger, 71 N.Y.2d 635, 639, 529 N.Y.S.2d 55, 524 N.E.2d 409 [1988];  Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 [1983]), did not lack particularity, and was not overbroad (see generally People v. Gramson, 50 A.D.3d 294, 854 N.Y.S.2d 707 [1st Dept. 2008], lv denied 11 N.Y.3d 832, 868 N.Y.S.2d 607, 897 N.E.2d 1091 [2008]).  The warrant affidavit also established there was reasonable cause to believe that the property to be seized was subject to quick or easy destruction or disposal and thus supports the issuance of a “no-knock” provision (CPL 690.35[4][b];  People v. Skeete, 257 A.D.2d 426, 426–427, 684 N.Y.S.2d 198 [1st Dept. 1999]).

We also perceive no basis for reducing the sentence.