PEOPLE v. WALCOTT (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura Johnson, J.), rendered June 6, 2022, 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.  The record establishes that the defendant acknowledged that the appeal waiver was condition of the plea bargain prior to his plea of guilty and admission of guilt.  Thus, it cannot be said that the appeal waiver “was a gratuitous, after-the-fact additional demand asserted after the bargain had already been struck” (People v. Sutton, 184 AD3d 236, 245;  see People v. Bryant, 28 NY3d 1094, 1095–1096;  People v. Williams, 227 AD3d 480, 481).  Under the totality of the circumstances, including the extensive explanation of the right to appeal provided to the defendant and the defendant's execution of a written waiver of appeal, the waiver was knowing, voluntary, and intelligent (see People v. Sanders, 25 NY3d 337, 340;  People v. Bradshaw, 18 NY3d 257, 264).

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that Penal Law §§ 265.03(3) and 265.01–b(1) and Administrative Code of the City of New York § 10–131(i)(3) are unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v. Bruen (597 U.S. 1) (see People v. Victor, 235 AD3d 783, 784;  People v. White, 234 AD3d 884, 885), as well as his contention that the sentence imposed was excessive (see People v. Lopez, 6 NY3d 248, 256).

DILLON, J.P., BRATHWAITE NELSON, VOUTSINAS and HOM, JJ., concur.