| People v Hall |
| 2024 NY Slip Op 03144 [228 AD3d 466] |
| June 11, 2024 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Kevin Hall, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem ofcounsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Noah J. Sexton of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Guy H. Mitchell, J.), rendered February28, 2023, convicting defendant, upon his plea of guilty, of robbery in the third degree,and sentencing him to five years' probation, unanimously modified, on the law, to theextent of striking the condition of probation requiring that defendant consent towarrantless searches of his person and home, and otherwise affirmed.
Defendant made a valid waiver of the right to appeal (see People v Thomas, 34 NY3d545, 559 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]), whichforecloses review of his excessive sentence claim. In any event, we perceive no basis forreducing the sentence.
Defendant's challenge to the condition of probation requiring that he consent towarrantless searches of his person and home survives the appeal waiver (see People v Arias, 210 AD3d593, 594 [1st Dept 2022], lv denied 39 NY3d 1109 [2023]). The Departmentof Probation had recommended, as a probation condition, that "a warrantless search ofthis defendant and his home be provided for the safety of the officers making home visitsand the community." The People concede that this condition should be stricken.Moreover, the condition was not reasonably related to defendant's rehabilitation, giventhat defendant was not armed with a weapon during the underlying offense, and had nohistory of violence or use of weapons (see Penal Law § 65.10 [1],[2] [l]; People v Letterlough, 86 NY2d 259, 263-265 [1995]; Arias, 210AD3d at 594). Concur—Kern, J.P., Kapnick, Gesmer, González, O'NeillLevy, JJ.