Crimes - Appeal - Valid Waiver of Right to Appeal - Second Amendment and Excessive Sentence Claims Foreclosed

Crimes - Possession of Weapon - Defendant Lacked Standing to Challenge State Gun Licensing Scheme - No Application for Gun License

Judgment, Supreme Court, Bronx County (Laurence E. Busching, J.), rendered February 2, 2023, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and sentencing him to a three-year term of probation, unanimously affirmed.

Defendant knowingly, intelligently, and voluntarily waived his right to appeal, after a thorough oral colloquy and based on a detailed written waiver that defendant discussed with his attorney (see People v Thomas, 34 NY3d 545, 560 [2019], cert denied 589 US —, 140 S Ct 2634 [2020]). The record established that the appeal waiver was a condition of the plea agreement. Defendant's valid waiver of his right to appeal forecloses review of his Second Amendment claim (see People v Johnson, 225 AD3d 453, 453-454 [1st Dept 2024], lv granted 42 NY3d 939 [2024]).

In any event, we find that defendant lacked standing to challenge New York's gun licensing scheme because he did not apply for a gun license (see Johnson, 225 AD3d at 455; United States v Decastro, 682 F3d 160, 164 [2d Cir 2012], cert denied 568 US 1092 [2013]). He has also failed to establish that his conviction is unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]) (see People v Kirlew, 231 AD3d 678, 679 [1st Dept 2024], lv denied 42 NY3d 1053 [2024]; People v DeLarosa, 219 AD3d 1230 [1st Dept 2023], lv denied 40 NY3d 1080 [2023]).

Defendant's valid waiver of his right to appeal also forecloses review of his excessive sentence claim (People v Jackson, 225 AD3d 547, 548 [1st Dept 2024], lv denied 41 NY3d 1002 [2024]). In any event, we perceive no basis for reducing the sentence. Concur—Renwick, P.J., Manzanet-Daniels, Higgitt, Rosado, JJ.