PEOPLE v. ORTIZ (2026)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered June 26, 2023, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of five years’ probation, unanimously affirmed.

Defendant validly waived his right to appeal (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. 1302, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his excessive sentence claim.  In any event, we perceive no basis to reduce defendant's sentence.

Defendant's appeal waiver does not foreclose review of his constitutional challenge to New York's firearm licensing statute 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]).  Defendant has standing to raise his facial constitutional challenge to New York's firearm licensing scheme, notwithstanding that he never applied to obtain a firearm license (see People v. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *2 [2025]).  However, defendant failed to preserve this claim (see People v. Cabrera, 41 N.Y.3d 35, 42–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]), and we decline to review it in the interest of justice.  Alternatively, we reject it on the merits (see People v. Guzman, 237 A.D.3d 570, 571, 232 N.Y.S.3d 127 [1st Dept. 2025], lv denied 44 N.Y.3d 993, 242 N.Y.S.3d 215, 269 N.E.3d 201 [2025]).