PEOPLE v. GUZMAN (2025)

Judgment, Supreme Court, Bronx County (Steven Hornstein, J.), rendered October 17, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a five-year term of probation, unanimously affirmed.

Defendant's valid waiver of his right to appeal forecloses both his suppression claim (see People v. Thomas, 34 N.Y.3d 545, 565, 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. Guerrero, 200 A.D.3d 432, 154 N.Y.S.3d 762 [1st Dept. 2021], lv denied 38 N.Y.3d 950, 165 N.Y.S.3d 473, 185 N.E.3d 994 [2020]) and his claim pursuant to 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. 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 both arguments lack merit.  The officer's search of defendant's fanny pack was supported by reasonable suspicion where defendant fled from police who stopped him based on the violation of not wearing a helmet while riding on an ATV (all-terrain vehicle), defendant's fanny pack appeared to be weighed down by a heavy object or objects, defendant reached toward the bag as he fled, and he resisted being handcuffed when the officers caught up to him (see People v. Chestnut, 51 N.Y.2d 14, 23, 431 N.Y.S.2d 485, 409 N.E.2d 958 [1980], cert denied 449 U.S. 1018, 101 S.Ct. 582, 66 L.Ed.2d 479 [1980];  People v. Watkins, 226 A.D.2d 173,174, 640 N.Y.S.2d 519 [1st Dept. 1996], lv denied 88 N.Y.2d 996, 649 N.Y.S.2d 403, 672 N.E.2d 629 [1996]).

With regard to defendant's Second Amendment claim based on Bruen, we find that defendant lacked standing to challenge New York's gun licensing scheme because he did not apply for a gun license (see Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584;  United States v. Decastro, 682 F.3d 160, 164 [2d Cir. 2012], cert denied 568 U.S. 1092, 133 S.Ct. 838, 184 L.Ed.2d 665 [2013]) and that he has failed to establish that his conviction is unconstitutional under Bruen (see People v. Cherif, 220 A.D.3d 543, 196 N.Y.S.3d 457 [1st Dept. 2023], lv denied 40 N.Y.3d 1079, 202 N.Y.S.3d 766, 225 N.E.3d 885 [2023];  People v. Adames, 216 A.D.3d 519, 520, 188 N.Y.S.3d 479 [1st Dept. 2023], lv denied 40 N.Y.3d 949, 195 N.Y.S.3d 666, 217 N.E.3d 686 [2023]).