PEOPLE v. SHILMAN (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered September 15, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a prison term of 51/212 to be followed by 5 years of post-release supervision, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559, 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]), foreclosing review of his excessive sentence claim and his Second Amendment challenge to his sentence (see People v. Kamara, 234 A.D.3d 496, 496, 225 N.Y.S.3d 101 [1st Dept. 2025], lv denied 43 N.Y.3d 945, 231 N.Y.S.3d 422, 257 N.E.3d 117).  As an alternative holding regarding his excessive sentence claim, we perceive no basis for reducing the sentence.

Defendant failed to preserve his Second Amendment claim (see People v. Cabrera, 41 N.Y.3d 35, 42–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023];  Kamara, 234 A.D.3d at 496, 225 N.Y.S.3d 101), and we decline to consider it in the interest of justice.