PEOPLE v. RICHARDS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Lisa Grey, J.), rendered October 4, 2022, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of his right to appeal was valid (see People v. Victor, 235 AD3d 783, 784).  The record as a whole reflects that the defendant understood that the waiver of his right to appeal was a condition of the People's plea offer and not a unilateral condition imposed by the Supreme Court;  therefore, the court was not required to articulate a basis for imposing that condition of the plea offer (see People v. Rodriguez, 235 AD3d 1193, 1194;  People v. Sutton, 184 AD3d 236, 242).

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his conviction is unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1) (see People v. White, 234 AD3d 884, 885;  People v. Johnson, 225 AD3d 453, 453–454;  but see People v. Benjamin, 216 AD3d 1457).

BRATHWAITE NELSON, J.P., TAYLOR, VENTURA and MCCORMACK, JJ., concur.