PEOPLE v. FRANCIS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered June 1, 2023, convicting him of criminal possession of a weapon in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant 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. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his sentence was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

The defendant's contention that the Supreme Court improperly imposed a condition of probation requiring the defendant to support his dependents and meet other family responsibilities (Penal Law § 65.10[2][f]) is without merit, as the defendant has a child for whom he is obligated to provide support (see People v. Archibald, 241 A.D.3d 837, 839, 238 N.Y.S.3d 696).  The defendant's constitutional challenge to so much of this condition as required him to “meet other family responsibilities” is unpreserved for appellate review (see People v. Keisy A., 242 A.D.3d 1013, 243 N.Y.S.3d 504;  People v. Archibald, 241 A.D.3d at 839, 238 N.Y.S.3d 696), and we decline to reach it in the exercise of our interest of justice jurisdiction.

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.