PEOPLE v. FLORES (2026)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered June 29, 2021, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree and attempted criminal possession of a weapon in the second degree, and sentencing him to concurrent three-year terms, 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 explained to defendant that “[o]rdinarily you would retain the right to appeal even after pleading guilty.  So a waiver of the right to appeal is separate and distinct from the waiver of the right of a trial and other rights of a plea of guilty,” and the court's colloquy closely tracked the Model Colloquy (see People v. Maldonado, 242 A.D.3d 419, 420, 240 N.Y.S.3d 70 [1st Dept. 2025], lv denied 44 N.Y.3d 1053, 248 N.Y.S.3d 475, 274 N.E.3d 260 [2025] ).  Further, the written waiver stated, “I understand that my right to appeal is separate and distinct from the rights automatically forfeited upon a guilty plea.”  The fact that the colloquy about the waiver occurred after allocution does not render his waiver of his right to appeal invalid (see People v. Jessamy, 237 A.D.3d 619, 619, 230 N.Y.S.3d 259 [1st Dept. 2025], lv denied 43 N.Y.3d 1046, 236 N.Y.S.3d 647, 263 N.E.3d 905 [2025] ).  The valid waiver of the right to appeal forecloses our review of defendant's challenge to the search warrant (see People v. Wallace, 240 A.D.3d 437, 438, 234 N.Y.S.3d 191 [1st Dept. 2025], lv denied 44 N.Y.3d 1014, 244 N.Y.S.3d 505, 271 N.E.3d 707 [2025] ).

As an alternative holding, we find that there was a sufficient factual predicate upon which to issue the search warrant in this case (see People v. Griminger, 71 N.Y.2d 635, 639, 529 N.Y.S.2d 55, 524 N.E.2d 409 [1988];  see also People v. Parris, 83 N.Y.2d 342, 350, 610 N.Y.S.2d 464, 632 N.E.2d 870 [1994] [“An identified citizen informant is presumed to be personally reliable”] );  People v. Goldman, 189 A.D.3d 698, 700, 139 N.Y.S.3d 48 [1st Dept. 2020], lv denied 36 N.Y.3d 1097, 144 N.Y.S.3d 143, 167 N.E.3d 1278 [2021] ).