PEOPLE v. TOMPSON (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., at plea;  Ralph A. Fabrizio, J., at sentencing), rendered August 23, 2024, convicting defendant of criminal possession of a weapon in the fourth degree, and sentencing him to a conditional discharge, unanimously affirmed.

Defendant's valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 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]) forecloses review of his Second Amendment claim (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 an alternative holding, we find that because defendant failed to attempt to obtain a gun license, he has not demonstrated that he has standing to challenge New York's gun licensing scheme (see id. at 455, 206 N.Y.S.3d 584).  Defendant's contention that an application for a gun license would have been futile because he did not meet the minimum age requirement is unpreserved (see People v. Cabrera, 41 N.Y.3d 35, 42, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023];  People v. Bailey, ––– A.D.3d ––––, 225 N.Y.S.3d 239 [1st Dept. 2025];  People v. Maldonado, 230 A.D.3d 1069, 1070, 217 N.Y.S.3d 81 [1st Dept. 2024], lv denied 42 N.Y.3d 1053, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2024]), and we decline to review it in the interest of justice.  As an alternative holding, we find that defendant has failed to establish that his conviction is unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022).