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People v. Sanchez

Supreme Court of New York, First Department
Apr 4, 2024
2024 N.Y. Slip Op. 1879 (N.Y. App. Div. 2024)

Opinion

No. 1995 Ind. No. 71017/21 Case No. 2022-04609

04-04-2024

The People of the State of New York, Respondent, v. Kayshawn Sanchez, Defendant-Appellant.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Phoenix Rice-Johnson of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.


Jenay Nurse Guilford, Center for Appellate Litigation, New York (Phoenix Rice-Johnson of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.

Before: Kern, J.P., Singh, González, Pitt-Burke, Rosado, JJ.

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered September 13, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and sentencing him to three years' probation, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Thomas, 34 N.Y.3d 545 [2019], cert denied 589 U.S. -, 140 S.Ct. 2634 [2020]). The court adequately explained defendant's appellate rights without conflating them with those automatically forfeited upon his guilty plea (see People v Lopez, 6 N.Y.3d 248, 256 [2006]). The waiver forecloses review of defendant's Second Amendment challenge to his conviction (see People v Johnson, - A.D.3d -, 2024 NY Slip Op 02175 [1st Dept 2024]).

Regardless of whether defendant validly waived his right to appeal, his Second Amendment claim is unpreserved (see People v Cabrera, - N.Y.3d -, -, 2023 NY Slip Op 05968, *2-7 [2023]), and we decline to consider it in the interest of justice. As an alternative holding, we find that, on the present record, defendant has failed to establish that he has standing to challenge Penal Law § 265.01(1) or that this statute is unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1 [2022]) (see Johnson, ___ A.D.3d ___, ___, 2024 NY Slip Op 02175, *3).

Defendant's valid appeal waiver also forecloses review of his excessive sentence claim. In any event, we perceive no basis for reducing the sentence.


Summaries of

People v. Sanchez

Supreme Court of New York, First Department
Apr 4, 2024
2024 N.Y. Slip Op. 1879 (N.Y. App. Div. 2024)
Case details for

People v. Sanchez

Case Details

Full title:The People of the State of New York, Respondent, v. Kayshawn Sanchez…

Court:Supreme Court of New York, First Department

Date published: Apr 4, 2024

Citations

2024 N.Y. Slip Op. 1879 (N.Y. App. Div. 2024)