People v Hudgins
2026 NY Slip Op 01378 [247 AD3d 929]
March 11, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2026
The People of the State of New York, Respondent,
v
Benjamin Hudgins, Appellant.
March 11, 2026
HEADNOTES
Crimes — Appeal — Waiver of Right to Appeal — Challenge to Firearm Licensing Scheme
APPEARANCES OF COUNSEL
Patricia Pazner, New York, NY (Steven C. Kuza of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Thomas B. Litsky and Rhys Johnson of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Lisa Grey, J.), rendered June 29, 2023, convicting him of attempted criminal possession of a weapon in the second degree, 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]). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255; People v Lawrence, 184 AD3d 587, 587 [2020]).
The defendant's contention that the United States Supreme Court's invalidation of the "proper cause" requirement to obtain a pistol license (see New York State Rifle & Pistol Assn., Inc. v Bruen, 597 US 1, 70-71 [2022]) rendered New York's entire firearm licensing scheme facially unconstitutional is not precluded by his valid waiver of the right to appeal (see People v Johnson, — NY3d —, —, 2025 NY Slip Op 06528, *2 [2025]; People v Shemar D., 245 AD3d 956 [2026]). However, that contention is unpreserved for appellate review (see CPL 470.05 [2]; People v Cabrera, 41 NY3d 35, 38-39 [2023]; People v Munoz, 237 AD3d 1110, 1111 [2025]), and we decline to reach it in the exercise of our interest of justice jurisdiction (see People v McLean, 244 AD3d 1248, 1249 [2025]; People v Munoz, 237 AD3d at 1111). Connolly, J.P., Chambers, Ford and McCormack, JJ., concur.