PEOPLE v. MOULTRIE (2025)

Judgment, Supreme Court, New York County (Robert Mandelbaum, J., at suppression hearing;  Miriam Best, J., at plea;  Brendan Lantry, J., at sentencing), rendered March 3, 2023, as amended on March 23, 2023, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant validly waived his right of appeal (see People v. Thomas 34 N.Y.3d 545, 567, 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 his suppression claim (see People v. Reeves, 187 A.D.3d 412, 129 N.Y.S.3d 759 [1st Dept. 2020], lv denied 36 N.Y.3d 975, 138 N.Y.S.3d 459, 162 N.E.3d 688 [2020]).  As an alternative holding, we find that the record before the hearing court supports the court's conclusion that the parole officers were entitled to perform a warrantless safety search of defendant's apartment since their conduct was rationally and substantially related to the performance of their official duties (see People v. Andrews, 136 A.D.3d 596, 25 N.Y.S.3d 599 [1st Dept. 2016], lv denied 27 N.Y.3d 1128, 39 N.Y.S.3d 109, 61 N.E.3d 508 [2016]).