PEOPLE v. BROWN (2025)

Judgment, Supreme Court, Bronx County (Laurence E. Busching, J.), rendered February 2, 2023, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and sentencing him to a three-year term of probation, unanimously affirmed.

Defendant knowingly, intelligently, and voluntarily waived his right to appeal, after a thorough oral colloquy and based on a detailed written waiver that defendant discussed with his attorney (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]).  The record established that the appeal waiver was a condition of the plea agreement.  Defendant's valid waiver of his right to appeal 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, 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]).  He has also 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]) (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];  People v. DeLarosa, 219 A.D.3d 1230, 195 N.Y.S.3d 466 [1st Dept. 2023], lv denied 40 N.Y.3d 1080, 202 N.Y.S.3d 757, 225 N.E.3d 876 [2023]).

Defendant's valid waiver of his right to appeal also forecloses review of his excessive sentence claim (People v. Jackson, 225 A.D.3d 547, 548, 207 N.Y.S.3d 484 [1st Dept. 2024], lv denied 41 N.Y.3d 1002, 213 N.Y.S.3d 243, 236 N.E.3d 1261 [2024]).  In any event, we perceive no basis for reducing the sentence.