PEOPLE v. STOKES (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., on motion to controvert the warrant;  Dineen Ann Riviezzo, J., on motion to dismiss and at plea;  Alvin M. Yearwood, J., at sentencing), rendered June 7, 2023, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of probation of five years, unanimously affirmed.

Defendant's waiver of his right to appeal was valid (see 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]), which forecloses review of his Second Amendment challenge (see People v. Fofana, 236 A.D.3d 607, 228 N.Y.S.3d 574 [1st Dept. 2025];  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, his claim is partially unpreserved (see People v. Cabrera, 41 N.Y.3d 35, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]), and we decline to review it in the interest of justice.  As an alternative holding, we find that defendant has failed to establish that he has standing to challenge New York's gun licensing scheme, or that the statute 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 Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584;  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]).

Based on our review of the record, including our in camera review of sealed materials, we find no basis to controvert the search warrant (see People v. Jenkins, 200 A.D.3d 541, 155 N.Y.S.3d 329 [1st Dept. 2021], lv denied 38 N.Y.3d 1071, 171 N.Y.S.3d 453, 191 N.E.3d 405 [2022]).  The record, including the sealed minutes of the confidential informant's testimony, establishes probable cause for the issuance of the warrant (see People v. Castillo, 80 N.Y.2d 578, 585, 592 N.Y.S.2d 945, 607 N.E.2d 1050 [1992], cert denied 507 U.S. 1033, 113 S.Ct. 1854, 123 L.Ed.2d 477 [1993]).

Defendant's valid waiver of the right to appeal also forecloses review of his excessive sentence claim (see Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584).  As an alternative holding, we perceive no basis for reducing his sentence.