Crimes - Appeal - Valid Waiver of Right to Appeal - Advised of Right to Counsel and Discussed Waiver Prior to Plea

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dena E. Douglas, J.), rendered June 22, 2022, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019]; People v Lopez, 6 NY3d 248 [2006]). Contrary to the defendant's contention, the Supreme Court adequately explained that the defendant retained the right to counsel (see People v Sorino, 235 AD3d 782, 783 [2025]; People v Dyce, 233 AD3d 890, 891 [2024]). Further, contrary to the defendant's contention, he did not admit his guilt to the offense of which he was convicted until after the court had discussed the waiver of appeal with him (see People v Smith, 237 AD3d 1111, 1112 [2025]; People v Hendricks, 224 AD3d 705 [2024]; cf. People v Heft, 220 AD3d 806 [2023]; People v Eduardo S., 186 AD3d 1265, 1267 [2020]).

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a second felony offender (see Penal Law § 70.06) was unconstitutional in light of Erlinger v United States (602 US 821 [2024]) (see People v Serva, 242 AD3d 907 [2025]; People v Bennett, 122 AD3d 871, 872 [2014]; People v Haynes, 70 AD3d 718, 719 [2010]).

The defendant's remaining contentions are without merit. Genovesi, J.P., Wan, Ventura and Quirk, JJ., concur.