The People, etc., respondent, v. Kashawn Boyd, appellant. (2019)

Argued—September 28, 2018

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guy J. Mangano, Jr., J.), rendered February 10, 2016, convicting him of assault in the first degree and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was convicted of assault in the first degree and two counts of criminal possession of a weapon in the second degree for shooting and injuring the complainant.

The Supreme Court permitted the People to introduce into evidence recordings of telephone conversations between the defendant and his codefendant.  The telephone calls were made while the defendant was detained pretrial at Rikers Island Correctional Facility and the codefendant was at liberty.  The defendant contends that the admission into evidence of these recordings violated his Fourth Amendment right to be free from unreasonable searches and his rights to due process and equal protection of the laws (see U.S. Const Amends IV, XIV;  NY Const, art I, §§ 6, 11).

Contrary to the defendant's contention, since the defendant was informed of the monitoring and recording of his telephone calls while at Rikers Island Correctional Facility, he had “no objectively reasonable constitutional expectation of privacy in the content of those calls,” and, therefore, the correctional facility could “record and monitor [his] calls, as well as share the recordings with law enforcement officials and prosecutors, without violating the Fourth Amendment” (People v. Diaz, 33 NY3d 92, 95).

The defendant's contentions that his due process and equal protection rights were violated are unpreserved for appellate review (see CPL 470.05[2] ), and we decline to reach them in the exercise of our interest of justice jurisdiction.

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court