PEOPLE v. HILL (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered February 23, 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, the record demonstrates that he knowingly, voluntarily, and intelligently waived his 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. Stevens, 203 A.D.3d 958, 163 N.Y.S.3d 615).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387, Penal Law §§ 265.03(3) and 265.01–b(1) and 265.01 and Administrative Code of the City of New York § 10–131(i)(3) are unconstitutional (see People v. Walcott, 238 A.D.3d 1177, 233 N.Y.S.3d 724;  People v. Victor, 235 A.D.3d 783, 784, 226 N.Y.S.3d 592).

DUFFY, J.P., MILLER, WARHIT and LOVE, JJ., concur.