PEOPLE v. HALLETT (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Lisa Grey, J.), rendered October 6, 2022, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the totality of the circumstances, the record demonstrates that the defendant knowingly, voluntarily, and intelligently 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;  People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  Contrary to the defendant's contention, the Supreme Court adequately explained, and the defendant acknowledged that he understood, the nature of the right to appeal and the consequences of waiving that right, and the court did not mischaracterize the nature or scope of the waiver (see People v. Morao, 238 A.D.3d 1175, 1175, 232 N.Y.S.3d 247;  People v. Sobers, 235 A.D.3d 908, 909, 227 N.Y.S.3d 694).  Additionally, the written appeal waiver signed by the defendant adequately supplemented the oral colloquy (see People v. Morao, 238 A.D.3d at 1175, 232 N.Y.S.3d 247;  People v. Hendricks, 224 A.D.3d 705, 706, 204 N.Y.S.3d 570).

The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme Court's suppression determination (see People v. Mincy, 240 A.D.3d 615, 616, 234 N.Y.S.3d 625;  People v. Callejo, 237 A.D.3d 1218, 1219, 231 N.Y.S.3d 628) and precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

The defendant's appeal waiver does not preclude appellate review of his contention that Penal Law § 265.03(3) 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).  However, the defendant's contention that this statute is unconstitutional is unpreserved for appellate review and, in any event, without merit.  The Bruen decision had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528;  People v. Mitchell, 244 A.D.3d 1005, 244 N.Y.S.3d 315).

BARROS, J.P., BRATHWAITE NELSON, LOVE and QUIRK, JJ., concur.