PEOPLE v. MARTIN (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miriam Cyrulnik, J.), rendered September 21, 2022, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

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).  The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that charging him with and convicting him of criminal possession of a firearm (Penal Law § 265.01–b[1]), a felony, rather than criminal possession of a weapon in the fourth degree (id. § 265.01[1]), a misdemeanor, deprived him of his rights to due process of law and equal protection of the laws and violated the rule of lenity (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Chavez, 176 A.D.3d 734, 107 N.Y.S.3d 684).

CHAMBERS, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.