PEOPLE v. ELVIN (2025)

Judgment, Supreme Court, Bronx County (Guy H. Mitchell, J.), rendered January 22, 2024, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to five years of probation, unanimously modified, on the law, to the extent of striking the condition of probation requiring that defendant consent to a search by a probation officer of his person, vehicle, or place of abode for illegal drugs, drug paraphernalia, firearms, or other weapons or contraband, and otherwise affirmed.

We find defendant's appeal waiver invalid, as the court did not explain the nature of the appellate rights defendant was waiving (see People v. Ramos, 122 A.D.3d 462, 464, 997 N.Y.S.2d 24 [1st Dept. 2014]).  The written waiver was not a complete substitute for an on-the-record explanation of these rights (id.;  see also People v. Eason, 228 A.D.3d 443, 443–444, 211 N.Y.S.3d 369 [1st Dept. 2024], lv denied 42 N.Y.3d 926, 216 N.Y.S.3d 111, 240 N.E.3d 830 [2024]).  In any event, we perceive no basis for reducing the sentence.

However, we find that the special probation condition permitting warrantless searches of defendant's home, person, and vehicle was not reasonably related to defendant's rehabilitation (see People v. Amparo, 234 A.D.3d 605, 606, 226 N.Y.S.3d 50 [1st Dept. 2025];  People v. Hall, 228 A.D.3d 466, 466–467, 211 N.Y.S.3d 376 [1st Dept. 2024]).