PEOPLE v. AGURS (2026)

Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered April 11, 2022, as amended April 20, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of five years, unanimously affirmed.

Defendant validly waived 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 appellate review of his suppression claims (see People v. Lewis, 49 A.D.3d 474, 474, 854 N.Y.S.2d 383 [1st Dept. 2008], lv denied 10 N.Y.3d 932, 862 N.Y.S.2d 339, 892 N.E.2d 405 [2008]).

As alternative holdings, we find that the court properly denied the suppression motion.  Defendant's initial detention and arrest were plainly supported by reasonable suspicion and then probable cause (see People v. De Bour, 40 N.Y.2d 210, 386 N.Y.S.2d 375, 352 N.E.2d 562 [1976]).

The absence of Miranda warnings prior to defendant's statement admitting possession of a gun was not improper because given in non-custodial circumstances (see People v. Bennett, 70 N.Y.2d 891, 893–894, 524 N.Y.S.2d 378, 519 N.E.2d 289 [1987]).  In any event, admission of the statements would have constituted harmless error, as the officers’ observation of the butt of a gun and a magazine provided the requisite reasonable suspicion necessary for the level 3 intrusion prior to eliciting the statement.  Moreover, the search of defendant's backpack at the precinct comported with the parameters for a lawful inventory search (see People v. Padilla, 21 N.Y.3d 268, 272, 970 N.Y.S.2d 486, 992 N.E.2d 414 [2013], cert denied 571 U.S. 889, 134 S.Ct. 325, 187 L.Ed.2d 158 [2013]).

The valid waiver also precludes defendant's excessive sentence claim.  In any event, we perceive no basis for reducing defendant's sentence.