The People, etc., respondent, v. Gerardo Magana, appellant.  Letitia James, intervenor-Respondent. (2024)

Argued—December 9, 2024

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Howard E. Sturim, J.), rendered March 2, 2023, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.  The appeal brings up for review the denial of the defendant's motion to dismiss the indictment on constitutional grounds.

ORDERED that the judgment is affirmed.

The defendant entered a plea of guilty to criminal possession of a weapon in the second degree (Penal Law § 265.03) and was sentenced to a determinate term of imprisonment of 31/212 years, to be followed by 5 years of postrelease supervision, pursuant to a plea agreement.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545;  People v. Lopez, 6 NY3d 248).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his conviction pursuant to Penal Law § 265.03 is unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1) (see People v. Johnson, 225 AD3d 453, 453–455;  People v. Miller, 166 AD3d 812, 813;  People v. Fisher, 121 AD3d 1013, 1013;  cf.  People v. Benjamin, 216 AD3d 1457).

In light of our determination, we need not reach the parties' remaining contentions.

CHAMBERS, J.P., FORD, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court