PEOPLE v. SMITH (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered September 8, 2022, convicting her of attempted criminal possession of a weapon in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived her 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 her right to appeal precludes appellate review of her contention that her conviction pursuant to 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 (see People v. Johnson, 225 A.D.3d 453, 453–455, 206 N.Y.S.3d 584;  People v. Miller, 166 A.D.3d 812, 813, 88 N.Y.S.3d 199;  People v. Fisher, 121 A.D.3d 1013, 1013, 995 N.Y.S.2d 168).  The defendant's valid waiver of her right to appeal also precludes appellate review of her 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;  People v. Lawrence, 184 A.D.3d 587, 587, 123 N.Y.S.3d 530).

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

CHAMBERS, J.P., CHRISTOPHER, LOVE and HOM, JJ., concur.