PEOPLE v. JONES (2026)

Judgments, Supreme Court, Bronx County (Alvin M. Yearwood, J. at suppression hearing;  Martin Marcus, J. at plea and sentencing), rendered June 23, 2022, as amended March 29, 2023, convicting defendant of criminal possession of a weapon in the second degree and attempted criminal possession of a weapon in the second degree, and sentencing him to consecutive terms of three and one-half years followed by three and one-half years of postrelease supervision, and two and one-half years followed by two and one-half years of postrelease supervision, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. 1302, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]).  The court's oral colloquy adequately clarified that the right to appeal was “separate and distinct” from the rights automatically forfeited by a plea of guilty (see id. at 561–562, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011];  People v. Correa, 228 A.D.3d 409, 410, 211 N.Y.S.3d 360 [1st Dept. 2024], lv denied 42 N.Y.3d 1079, 227 N.Y.S.3d 573, 252 N.E.3d 512 [2025]).  Defendant's valid waiver forecloses review of his suppression and excessive sentence claims (see People v. Bawa, 234 A.D.3d 601, 602, 224 N.Y.S.3d 77 [1st Dept. 2025], lv denied 43 N.Y.3d 943, 231 N.Y.S.3d 419, 257 N.E.3d 114 [2025]).

As an alternative holding, we find that the court properly denied defendant's suppression motion (see People v. Walls, 239 A.D.3d 485, 485, 233 N.Y.S.3d 65 [1st Dept. 2025], lv denied 44 N.Y.3d 1029, 246 N.Y.S.3d 315, 272 N.E.3d 1152 [2025]).  We find no basis to disturb the court's credibility determinations.  In addition, the evidence established that defendant and others were seated in a double-parked car on the road, in violation of Vehicle and Traffic Law § 1202(a)(1)(a), and the evidence failed to show that any of the limited exceptions permitting temporary double-parking applied;  thus, the officers had a lawful basis to approach the vehicle (see Walls, 239 A.D.3d at 485, 233 N.Y.S.3d 65;  People v. Omowale, 83 A.D.3d 614, 618, 923 N.Y.S.2d 442 [1st Dept. 2011], affd on other grounds 18 N.Y.3d 825, 938 N.Y.S.2d 831, 962 N.E.2d 252 [2011]).  Upon approaching, a police officer observed what appeared to be the butt of a firearm jutting from the rear pocket of the front passenger seat.  When another officer entered the car to confirm that observation, he felt a second firearm in a jacket draped over the rear driver's side seat.  Accordingly, both firearms were lawfully recovered (see People v. Blasich, 73 N.Y.2d 673, 678, 543 N.Y.S.2d 40, 541 N.E.2d 40 [1989]).

We also perceive no basis for reducing the sentence.

Finally, although defendant is correct that his terms of three and one-half years and two and one-half years of postrelease supervision merge by operation of law, resulting in an aggregate term of three and one-half years, and requiring the Department of Corrections and Community Supervision to compute his sentence accordingly (see Penal Law § 70.45[5][c]), this does not render the sentence illegal, or require action by this Court (see People v. Vidro, 155 A.D.3d 501, 501, 65 N.Y.S.3d 507 [1st Dept. 2017], lv denied 30 N.Y.3d 1109, 77 N.Y.S.3d 8, 101 N.E.3d 394 [2018]).