| People v Shilman |
| 2025 NY Slip Op 05650 [242 AD3d 526] |
| October 14, 2025 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Vadim Shilman, Appellant. |
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Matthew Bova of counsel), for appellant.
Darcel D. Clark, District Attorney (Emily Anne Aldridge of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J.), rendered September
15, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a
weapon in the second degree, and sentencing him to a prison term of 5
Defendant validly waived his right to appeal (see People v Thomas, 34 NY3d 545, 559 [2019], cert denied 589 US &mdash, 140 S Ct 2634 [2020]), foreclosing review of his excessive sentence claim and his Second Amendment challenge to his sentence (see People v Kamara, 234 AD3d 496, 496 [1st Dept 2025], lv denied 43 NY3d 945 [2025]). As an alternative holding regarding his excessive sentence claim, we perceive no basis for reducing the sentence.
Defendant failed to preserve his Second Amendment claim (see People v Cabrera, 41 NY3d 35, 42-51 [2023]; Kamara, 234 AD3d at 496), and we decline to consider it in the interest of justice. Concur—Webber, J.P., Kennedy, Mendez, Rodriguez, Higgitt, JJ.