Opinion
11898 Ind. No. 1365/15 5391/15 Case No. 2018-3977
10-01-2020
The PEOPLE of the State of New York, Respondent, v. Erickson SANCHEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant. Cyrus R. Vance, Jr. District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Brittany N. Francis of counsel), for appellant.
Cyrus R. Vance, Jr. District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Gische, J.P., Oing, Singh, Mendez, JJ.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 12, 2016, as amended May 13, 2016, convicting defendant, upon his plea of guilty, of two counts of criminal possession of a controlled substance in the second degree, and sentencing him to concurrent terms of 4 years, unanimously affirmed.
Defendant's challenge to the validity of a search warrant is barred by his execution of a valid appeal waiver. The court's colloquy with defendant concerning the waiver avoided conflating the right to appeal with the rights normally forfeited upon a guilty plea, and it exceeded the minimum standards for such a colloquy (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 ; People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ).
Regardless of whether defendant made a valid waiver of his right to appeal, the record supports the motion court's finding that defendant failed to meet his burden of demonstrating that he had a legitimate expectation of privacy in the searched premises (see generally People v. Wesley, 73 N.Y.2d 351, 358–359, 540 N.Y.S.2d 757, 538 N.E.2d 76 [1989] ).