PEOPLE v. CORDERO (2025)

Judgment, Supreme Court, Bronx County (Marsha D. Michael, J. at speedy trial motion and motion to reargue;  Dineen A. Riviezzo, J. at motion to dismiss, plea, and sentencing), rendered September 28, 2022, convicting defendant of criminal possession of a firearm, and sentencing him to a term of 11/212 to 3 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see generally People v. Thomas, 34 N.Y.3d 545, 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 court did not conflate the trial rights that defendant was automatically forfeiting by pleading guilty with the waiver of the right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).  The court was also not required to enumerate every waived claim, including the statutory speedy trial and Second Amendment claims (see People v. Evans, 59 A.D.3d 216, 216, 873 N.Y.S.2d 60 [1st Dept. 2009], lv denied 12 N.Y.3d 816, 881 N.Y.S.2d 23, 908 N.E.2d 931 [2009]).  Moreover, the written waiver explaining many of those issues, including the right to counsel on appeal, and defendant's acknowledgement that he had discussed the waiver with counsel, establishes that he had been adequately apprised of the nature of the appellate rights waived (see People v. Williams, 227 A.D.3d 480, 481, 211 N.Y.S.3d 48 [1st Dept. 2024], lv denied 42 N.Y.3d 1022, 221 N.Y.S.3d 484, 246 N.E.3d 927 [2024]).  It is not dispositive that the court conducted this colloquy only after defendant's allocution (see e.g. People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016];  People v. Nunez, 220 A.D.3d 597, 598, 197 N.Y.S.3d 61 [1st Dept. 2023], lv denied 41 N.Y.3d 1004, 213 N.Y.S.3d 222, 236 N.E.3d 1240 [2024]), where, as here, the record establishes that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Castillo, 226 A.D.3d 573, 574, 207 N.Y.S.3d 525 [1st Dept. 2024], lv denied 41 N.Y.3d 1017, 214 N.Y.S.3d 306, 237 N.E.3d 1246 [2024]).

Defendant's valid appeal waiver forecloses review of his statutory speedy trial claim (People v. Merchant, 209 A.D.3d 453, 453, 174 N.Y.S.3d 845 [1st Dept. 2022], lv denied 39 N.Y.3d 987, 181 N.Y.S.3d 199, 201 N.E.3d 816 [2022]).

The valid waiver also forecloses review of his Second Amendment claims (People v. Velardo, 228 A.D.3d 520, 520, 211 N.Y.S.3d 382 [1st Dept. 2024], lv denied 42 N.Y.3d 930, 216 N.Y.S.3d 112, 240 N.E.3d 831 [2024]).  As an alternative holding, we find that on the present record, defendant lacked standing to challenge New York's gun licensing scheme because he did not apply for a gun license (see 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 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, 455, 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]).