Opinion
No. 2147 Ind. No. 70595/22 Case No. 2023-01097
04-30-2024
The People of the State of New York, Respondent, v. Ray Ramirez, Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Jonathan Sclar of counsel), for respondent.
Before: Singh, J.P., Gesmer, Kennedy, Scarpulla, Pitt-Burke, JJ.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered January 23, 2023, 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]), which forecloses review of his Second Amendment and excessive sentence claims (see People v Johnson, 225 A.D.3d 453 [1st Dept 2024]).
Regardless of whether defendant validly waived his right to appeal, we find that defendant has failed to establish that he has standing to challenge New York's gun licensing scheme (id.; see also People v Khan, __ A.D.3d __, 2024 NY Slip Op 01682, *1 [1st Dept 2024]; People v Jackson, 225 A.D.3d 547 [1st Dept 2024]). We also perceive no basis for reducing the sentence.