| People v Scott |
| 2024 NY Slip Op 01881 [226 AD3d 443] |
| April 4, 2024 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v William D. Scott, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem ofcounsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Jamie Masten of counsel), forrespondent.
Judgment, Supreme Court, New York County (Felicia A. Mennin, J.), renderedDecember 8, 2022, convicting defendant, upon his plea of guilty, of assault in the thirddegree, and sentencing him to two years' probation, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d545 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]). Thecombination of the court's colloquy and the detailed written waiver that defendant signedafter consultation with counsel satisfied the requirements of a valid waiver. The waiverforecloses review of defendant's excessive sentence claim. In any event, we perceive nobasis for reducing the sentence.
Defendant's challenge to the condition of his probation requiring that he consent tosearches of his person, vehicle, and place of abode by a probation officer for weaponsand other contraband survives the appeal waiver (see People v Arias, 210 AD3d 593 [1st Dept 2022], lvdenied 39 NY3d 1109 [2023]). Nevertheless, given that defendant used a weaponduring the underlying offense, along with his history of violence and use of weapons, theimposition of the condition was "reasonably necessary to insure that the defendant willlead a law-abiding life or to assist him to do so" (Penal Law § 65.10 [1];see People v Hale, 93 NY2d 454, 461 [1999]). That the court did not orallypronounce the consent-search condition at plea or sentencing did not render it invalidsince he was provided a written copy of all conditions of probation (see CPL410.10 [1]; see also People vGravino, 14 NY3d 546, 559 [2010]). Concur—Renwick, P.J.,Manzanet-Daniels, Kennedy, Mendez, Michael, JJ.