PEOPLE v. GOULDBOURNE (2025)

Judgment, Supreme Court, Bronx County (Shari R. Michels, J.), rendered August 22, 2024, convicting defendant, upon his guilty plea, of criminal possession of a weapon in the fourth degree, and sentencing him to a three-year term of probation, 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]), which forecloses review of his Second Amendment argument based on 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. Guzman, 236 A.D.3d 472, 472, 227 N.Y.S.3d 601 [1st Dept. 2025], lv denied 43 N.Y.3d 1045, 236 N.Y.S.3d 638, 263 N.E.3d 895 [2025];  People v. Johnson, 225 A.D.3d 453, 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]).

As an alternative holding, we find that defendant lacks standing to advance his Second Amendment challenge because he never applied to obtain a gun license (see People v. Maldonado, 230 A.D.3d 1069, 1070, 217 N.Y.S.3d 81 [1st Dept. 2024], lv denied 42 N.Y.3d 1053, 225 N.Y.S.3d 653, 250 N.E.3d 664 [2024];  Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584).

Defendant's valid waiver of his 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).  In any event, we perceive no basis for reducing the sentence.