People v. Martin , 2024 NY Slip Op 05567 ( 2024 )

People v Martin (2024 NY Slip Op 05567)

People v Martin

2024 NY Slip Op 05567

Decided on November 13, 2024

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 13, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
LOURDES M. VENTURA
LAURENCE L. LOVE, JJ.

2022-08168
(Ind. No. 2135/20)

[*1]The People of the State of New York, respondent,

v

Hugh Martin, appellant.

Patricia Pazner, New York, NY (Denise A. Corsi of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Michael Bierce of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miriam Cyrulnik, J.), rendered September 21, 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; People v Lopez, 6 NY3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that charging him with and convicting him of criminal possession of a firearm (Penal Law § 265.01-b[1]), a felony, rather than criminal possession of a weapon in the fourth degree (id. § 265.01[1]), a misdemeanor, deprived him of his rights to due process of law and equal protection of the laws and violated the rule of lenity (see People v Lopez, 6 NY3d at 255; People v Chavez, 176 AD3d 734).

CHAMBERS, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court