PEOPLE v. PERRONE (2025)

Judgment, Supreme Court, Bronx County (Guy H. Mitchell, J.), rendered January 12, 2023, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of two years, unanimously affirmed.

Defendant's valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), forecloses review of his challenge to the issuance of a final order of protection (see People v. Key, 222 A.D.3d 536, 536, 199 N.Y.S.3d 501 [1st Dept. 2023], lv denied 41 N.Y.3d 943, 206 N.Y.S.3d 254, 229 N.E.3d 1147 [2024]).  In any event, his claim that his son was improperly included in the final order of protection is unpreserved, and we decline to reach it in the interest of justice.  As an alternative holding, we hold the claim is without merit because, under all the circumstances, the son was properly considered a witness to his father's gun possession crime (see CPL 530.13[4][a]).

The valid waiver of appeal also forecloses review of his excessive sentence claim.  In any event, we perceive no basis for reducing the sentence.

The waiver also precludes appellate consideration of his Second Amendment claim based on New York Rifle & Pistol Association v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022)(see People v. Johnson, 225 A.D.3d 453, 206 N.Y.S.3d 584 [1st Dept. 2024], lv granted 42 N.Y.3d 939, 217 N.Y.S.3d 895, 242 N.E.3d 680 [2024]).  As alternative holdings, we find that defendant lacked standing to raise his Second Amendment claims, which were nonmeritorious in any event (see People v. Johnson, 225 A.D.3d at 453–455, 206 N.Y.S.3d 584).