PEOPLE v. HARRIS (2025)

Judgment, Supreme Court, Bronx County (Jeffrey M. Zimmerman, J.), rendered September 21, 2023, convicting defendant, upon his plea of guilty, of criminal possession of a firearm, and sentencing him to a term of 11/313 to 4 years, to run concurrently with a New Jersey sentence, unanimously affirmed.

Defendant validly waived 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]), which forecloses review of his Second Amendment claim (see People v. Johnson, 225 A.D.3d 453, 453–454, 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]).  In any event, defendant did not preserve his claim that he would have been required to apply for a gun license while the “proper cause” requirement of New York's gun licensing scheme was in effect, and that he would have obtained a gun license in New York but for that requirement.  He also did not preserve his claim that other requirements of the state's gun licensing scheme were unconstitutional (see People v. Cabrera, 41 N.Y.3d 35, 42, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]).

As an alternative holding, we find that because defendant failed to attempt to obtain a New York gun license, he has not demonstrated that he has standing to challenge New York's gun licensing scheme (see Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584), and that he 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]).

Defendant's valid waiver of his right to appeal also forecloses review of his excessive sentence claim (see People v. Kirlew, 231 A.D.3d 678, 679, 219 N.Y.S.3d 658 [1st Dept. 2024], lv denied 42 N.Y.3d 1053, 225 N.Y.S.3d 661, 250 N.E.3d 672 [2024]).  As an alternative holding, we perceive no basis for reducing the sentence.