| People v L.P. |
| 2025 NY Slip Op 03023 [238 AD3d 570] |
| May 20, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v L.P., Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Wiener of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent.
Crimes
- Sentence
- Probation
- Requirement That Defendant Consent to Warrantless Searches of Person, Home, and
Car
Judgment, Supreme Court, Bronx County (Guy H. Mitchell, J.), rendered January 5, 2024, convicting defendant, upon his plea of guilty, of petit larceny, and sentencing him to two years of probation, unanimously affirmed.
The court properly imposed, as a condition of probation, a requirement that defendant consent to warrantless searches of his person, home, and car (see People v Scott, 226 AD3d 443, 443 [1st Dept 2024], lv denied 42 NY3d 930 [2024]). The condition was reasonably related to his rehabilitation, given defendant's conduct in the instant offense in which he was armed with a glass bottle which he used as a weapon, his youthful offender adjudication for fourth-degree weapon possession, the use of a firearm during the crime by an unapprehended accomplice, as well as the photograph recovered from his iCloud account which depicted firearms displayed on his bed (id.; see Penal Law § 65.10 [1]).
Although we find that defendant did not make a valid waiver of his right to appeal, we perceive no basis for reducing the sentence. Concur—Webber, J.P., Friedman, Gesmer, Rosado, Michael, JJ.