People v. Hudgins

Summary

The Appellate Division, Second Department affirmed a judgment convicting Benjamin Hudgins of attempted criminal possession of a weapon in the second degree following his guilty plea. The court held that his valid waiver of appellate rights precluded review of his excessive-sentence claim, while his constitutional challenge to New York's firearm licensing scheme was unpreserved and would not be reached in the interest of justice.

Holdings

1. The defendant knowingly, voluntarily, and intelligently waived his right to appeal, and the valid waiver precluded appellate review of his contention that the sentence imposed was excessive.
2. The defendant's valid waiver of the right to appeal did not preclude his contention that Bruen rendered New York's entire firearm licensing scheme facially unconstitutional.
3. The facial constitutional challenge 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 valid waiver of the right to appeal barred appellate review of his claim that the sentence was excessive.
2. Whether the defendant's facial constitutional challenge to New York's firearm licensing scheme was barred by the appeal waiver.
3. Whether the unpreserved constitutional challenge should nevertheless be reviewed in the exercise of the court's interest of justice jurisdiction.

Disposition

affirmed