Crimes - Appeal - Valid Waiver

Crimes - Unlawful Search and Seizure - Double Parking - Approach and Subsequent Search of Vehicle

Crimes - Sentence - Merging of Postrelease Supervision Terms

Judgments, Supreme Court, Bronx County (Alvin M. Yearwood, J., at suppression hearing; Martin Marcus, J., at plea and sentencing), rendered June 23, 2022, as amended March 29, 2023, convicting defendant of criminal possession of a weapon in the second degree and attempted criminal possession of a weapon in the second degree, and sentencing him to consecutive terms of three and one-half years followed by three and one-half years of postrelease supervision, and two and one-half years followed by two and one-half years of postrelease supervision, unanimously affirmed.

Defendant validly waived his right to appeal (see People v Thomas, 34 NY3d 545, 559 [2019], cert denied 589 US 1302 [2020]). The court's oral colloquy adequately clarified that the right to appeal was "separate and distinct" from the rights automatically forfeited by a plea of guilty (see id. at 561-562; People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Correa, 228 AD3d 409, 410 [1st Dept 2024], lv denied 42 NY3d 1079 [2025]). Defendant's valid waiver forecloses review of his suppression and excessive sentence claims (see People v Bawa, 234 AD3d 601, 602 [1st Dept 2025], lv denied 43 NY3d 943 [2025]).

As an alternative holding, we find that the court properly denied defendant's suppression motion (see People v Walls, 239 AD3d 485, 485 [1st Dept 2025], lv denied 44 NY3d 1029 [2025]). We find no basis to disturb the court's credibility determinations. In addition, the evidence established that defendant and others were seated in a double-parked car on the road, in violation of Vehicle and Traffic Law § 1202 (a) (1) (a), and the evidence failed to show that any of the limited exceptions permitting temporary double-parking applied; thus, the officers had a lawful basis to approach the vehicle (see Walls, 239 AD3d at 485; People v Omowale, 83 AD3d 614, 618 [1st Dept 2011], affd on other grounds 18 NY3d 825 [2011]). Upon approaching, a police officer observed what appeared to be the butt of a firearm jutting from the rear pocket of the front passenger seat. When another officer entered the car to confirm that observation, he felt a second firearm in a jacket draped over the rear driver's side seat. Accordingly, both firearms were lawfully recovered (see People v Blasich, 73 NY2d 673, 678 [1989]).

We also perceive no basis for reducing the sentence.

Finally, although defendant is correct that his terms of three and one-half years and two and one-half years of postrelease supervision merge by operation of law, resulting in an aggregate term of three and one-half years, and requiring the Department of Corrections and Community Supervision to compute his sentence accordingly (see Penal Law § 70.45 [5] [c]), this does not render the sentence illegal, or require action by this Court (see People v Vidro, 155 AD3d 501, 501 [1st Dept 2017], lv denied 30 NY3d 1109 [2018]). Concur—Manzanet-Daniels, J.P., Kapnick, Pitt-Burke, Higgitt, Rosado, JJ.