PEOPLE v. FELIPE (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Eugene M. Guarino, J.), rendered May 16, 2023, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of the right to appeal was valid.  Although much of the discussion of the waiver of the right to appeal took place after the defendant had admitted his guilt, the Supreme Court advised the defendant prior to the defendant's plea of guilty and admission of guilt that the appeal waiver was part of the bargained-for benefit he received with his plea (see People v. Thomas, 34 N.Y.3d 545, 558, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Victor, ––– A.D.3d ––––, 226 N.Y.S.3d 592;  People v. White, 234 A.D.3d 884, 225 N.Y.S.3d 378).  Further, the court confirmed that the defendant had discussed the appeal waiver with his counsel.  Under the totality of the circumstances, including the exemplary explanation of the right to appeal provided to the defendant, the record reflects that the defendant had a full appreciation of the terms and consequences of his appeal waiver and that the waiver was knowing, voluntary, and intelligent (see People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344;  People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645;  People v. Victor, ––– A.D.3d ––––, 226 N.Y.S.3d 592;  People v. White, 234 A.D.3d 884, 225 N.Y.S.3d 378).

The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the constitutionality of the indictment charging him with, inter alia, criminal possession of a firearm, in light of the decision in 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. Victor, ––– A.D.3d ––––, 226 N.Y.S.3d 592;  People v. White, 234 A.D.3d 884, 225 N.Y.S.3d 378;  People v. Johnson, 225 A.D.3d 453, 453–454, 206 N.Y.S.3d 584;  People v. Fisher, 121 A.D.3d 1013, 995 N.Y.S.2d 168;  but see People v. Benjamin, 216 A.D.3d 1457, 186 N.Y.S.3d 876).

CONNOLLY, J.P., FORD, VOUTSINAS and VENTURA, JJ., concur.