| People v Sanchez |
| 2024 NY Slip Op 01879 [226 AD3d 441] |
| April 4, 2024 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Kayshawn Sanchez, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (PhoenixRice-Johnson of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered September13, 2022, convicting defendant, upon his plea of guilty, of criminal possession of aweapon in the fourth degree, and sentencing him to three years' probation, unanimouslyaffirmed.
Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 NY3d545 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]). The courtadequately explained defendant's appellate rights without conflating them with thoseautomatically forfeited upon his guilty plea (see People v Lopez, 6 NY3d 248, 256 [2006]). The waiverforecloses review of defendant's Second Amendment challenge to his conviction (seePeople v Johnson, 225 AD3d 453 [1st Dept 2024]).
Regardless of whether defendant validly waived his right to appeal, his SecondAmendment claim is unpreserved (see People v Cabrera, 41 NY3d 35, 39-51 [2023]), and wedecline to consider it in the interest of justice. As an alternative holding, we find that, onthe present record, defendant has failed to establish that he has standing to challengePenal Law § 265.01 (1) or that this statute is unconstitutional in light ofNew York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022])(see Johnson, 225 AD3d 453, 455).
Defendant's valid appeal waiver also forecloses review of his excessive sentenceclaim. In any event, we perceive no basis for reducing the sentence.Concur—Kern, J.P., Singh, González, Pitt-Burke, Rosado, JJ.