Opinion
14064 Ind. Nos. 563/17N, 990/17N Case No. 2020-01267
06-15-2021
The PEOPLE of the State of New York, Respondent, v. Mason MCCALLISTER, Defendant–Appellant.
Aaron M. Goldsmith, New York, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Aaron M. Goldsmith, New York, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.
Renwick, J.P., Kern, Singh, Moulton, JJ.
Judgment, Supreme Court, New York County (Neil E. Ross, J.), rendered April 11, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, criminal possession of a weapon in the second degree and conspiracy in the second degree, and sentencing him to an aggregate term of 6½ years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of the denial of his motions to controvert search warrants.
Regardless of whether defendant made a valid appeal waiver, we find that the search warrants at issue and the underlying order authorizing collection of cell site and related information were lawful in all respects. We have considered and rejected defendant's arguments to the contrary. We decline to consider the letter presented to this Court by defendant, purportedly authored by "an expert in cellular phone data and tracking," because it was not before the trial court and is not part of the record on appeal (see People v. Rizzo, 209 A.D.2d 235, 237, 618 N.Y.S.2d 333 [1st Dept. 1994], lv denied 85 N.Y.2d 913, 627 N.Y.S.2d 336, 650 N.E.2d 1338 [1995] ).