People v Guzman, 2024 NY Slip Op 02936 [227 AD3d 1107]
May 29, 2024
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Luis Guzman, Appellant.
Patricia Pazner, New York, NY (Denise A. Corsí of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel; Lauren Slattery on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered June 8, 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, he knowingly, voluntarily, and intelligently waived his right to appeal, both orally and in writing, at the time he entered his plea of guilty ( see People v Thomas , 34 NY3d 545 [2019]; People v Mack , 168 AD3d 1100 [2019]; People v Corbin , 121 AD3d 803 [2014]). The record reveals that the Supreme Court adequately explained, and the defendant acknowledged that he understood, the separate and distinct nature of the waiver of the right to appeal ( see People v Corbin , 121 AD3d at 805).
Accordingly, the defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive ( see People v Bradshaw , 18 NY3d 257 , 263, 267 [2011]; People v Lopez , 6 NY3d 248 , 255 [2006]; People v Lawrence , 226 AD3d 827 , 828 [2d Dept 2024]; People v Miles , 189 AD3d 890 , 890 [2020]; People v Lovick , 127 AD3d 1108 , 1109 [2015]).
Moreover, the defendant’s contention that the ruling of the United States Supreme Court in New York State Rifle & Pistol Assoc., Inc. v Bruen (597 US 1 [2022]) rendered the entire firearm licensing system of New York State unconstitutional is unpreserved for appellate review, as the defendant failed to raise a constitutional challenge before the Supreme Court ( see People v Cabrera , 41 NY3d 35 , 42, 51 [2023]; People v Guyton , 222 AD3d 879 , 879 [2023]). We decline to review the unpreserved contention in the exercise of our interest of justice jurisdiction. Barros, J.P., Chambers, Ford and Landicino, JJ., concur..