PEOPLE v. DARBY (2026)

Judgment, Supreme Court, New York County (Neil Ross, J., at suppression hearing;  James Burke, J., at plea and sentencing), rendered November 16, 2021, convicting him, upon his plea of guilty, 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 an aggregate term of five and a half years followed by five years of postrelease supervision, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 567–569, 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]), which forecloses review of his challenge to the court's denial of his motion to suppress physical evidence (see People v. Araujo, 10 A.D.3d 535, 535, 782 N.Y.S.2d 32 [1st Dept. 2004], lv denied 4 N.Y.3d 760, 792 N.Y.S.2d 4, 825 N.E.2d 136 [2005]).  Defendant's valid waiver of appeal also forecloses review of his excessive sentence claim (see People v. Nunez, 220 A.D.3d 597, 597, 197 N.Y.S.3d 61 [1st Dept. 2023], lv denied 41 N.Y.3d 1004, 213 N.Y.S.3d 222, 236 N.E.3d 1240 [2024]).  In any event, we perceive no basis for reducing defendant's sentence.