People v. Whitney

Summary

The Appellate Division, Second Department, affirmed Terrell Whitney's judgment of conviction for attempted criminal possession of a weapon in the second degree following his guilty plea. The court held that his waiver of the right to appeal was valid, but concluded that his constitutional challenge to New York's firearm licensing scheme under New York State Rifle & Pistol Assn., Inc. v. Bruen was unpreserved because it was not raised before the trial court.

Holdings

1. The defendant's waiver of his right to appeal was valid because it was mentioned as a condition of the plea agreement before the guilty plea and admission of guilt, and under the totality of the circumstances was knowing, voluntary, and intelligent.
2. The defendant's constitutional challenge to New York's firearm licensing scheme under New York State Rifle & Pistol Assn., Inc. v. Bruen was not precluded by his valid waiver of the right to appeal.
3. Because the defendant failed to raise the constitutional challenge before the Supreme Court, the issue was unpreserved for appellate review, and the court declined to reach it in the exercise of its interest-of-justice jurisdiction.

Questions Presented

1. Whether the defendant's waiver of his right to appeal was valid.
2. Whether the valid appeal waiver precluded the defendant's constitutional challenge to New York's firearm licensing scheme under New York State Rifle & Pistol Assn., Inc. v. Bruen.
3. Whether the constitutional challenge was preserved for appellate review and, if not, whether the court should reach it in the interest of justice.

Disposition

affirmed