PEOPLE v. NILES (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., on motion to dismiss;  Laurence Busching, J., at plea and sentencing), rendered February 21, 2023, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a 364–day jail term, unanimously affirmed.

Defendant's voluntary waiver of the right to appeal precludes our review of his claim that his conviction is unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022)(see People v. Thomas, 34 N.Y.3d 545, 560, 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];  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 an alternative holding, we find that defendant lacked standing to assert the Second Amendment claim (see People v. Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584;  People v. Liriano, 226 A.D.3d 520, 521, 209 N.Y.S.3d 30 [1st Dept. 2024], lv denied 41 N.Y.3d 1019, 214 N.Y.S.3d 323, 237 N.E.3d 1263 [2024]) and failed to establish that his conviction was unconstitutional in light of Bruen (see Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584).