PEOPLE v. RODRIGUEZ (2026)

Judgment, Supreme Court, Bronx County (Raymond L. Bruce, J.,), rendered November 28, 2023, convicting defendant, upon his plea of guilty, of criminal possession of a firearm, and resentencing him to a term of 1 to 3 years;  judgment, same court (Connie Morales, J.), rendered November 28, 2023, convicting him, upon his plea of guilty, of manslaughter in the first degree and assault in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 15 years;  and judgment, the same court and Justice, rendered November 28, 2023, as amended January 3, 2024, convicting him, upon his plea of guilty, of attempted murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 15 years, with the sentences on all three convictions to run concurrently, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed at sentencing under indictment No. 1929/2018, and otherwise affirmed.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d 545, 559 [2019], cert denied 589 US 1302 [2020] ), which forecloses review of his challenge to the denial of his motion to controvert the search warrant (see People v Hines, 237 AD3d 549 [1st Dept 2025], lv denied 44 NY3d 1052 [2025];  People v Samuels, 195 AD3d 570, 570–571 [1st Dept 2021], lv denied 37 NY3d 1148 [2021] ).  Further, his claim is not properly before this Court due to defendant's failure to preserve his current challenge to the trap and trace warrant that he claims led to the issuance of the search warrant (see People v Andino, 242 AD3d 470, 471 [1st Dept 2025], lv granted 45 NY3d 968 [2026];  People v Williams, 127 AD3d 612, 612 [1st Dept 2015], lv denied 27 NY3d 1009 [2016] ).  In any event, as an alternative holding, upon our in camera review of the search warrant materials, we are satisfied that there was probable cause to issue the warrant (see People v Castillo, 80 NY2d 578, 585 [1992], cert denied 507 US 1033 [1993] ).

Defendant's valid waiver of his right to appeal also forecloses review of his excessive sentence claim (see People v. Lombard, 241 AD3d 1126, 1126 [1st Dept 2025] ).  As an alternative holding, we perceive no basis for reducing defendant's sentence.

Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing on indictment No. 1929/2018 (see People v Chirinos, 190 AD3d 434, 435 [1st Dept 2021] ).  We note that the People do not oppose this relief.