People v Robb |
2024 NY Slip Op 06218 |
Decided on December 11, 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. |
Patricia Pazner, New York, NY (Maisha Kamal of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Phyllis Chu, J.), rendered June 22, 2022, 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 defendant was indicted for criminal possession of a weapon in the second degree (Penal Law § 265.03[3]) and criminal possession of a firearm (id. § 265.01-b[1]). The defendant subsequently pleaded guilty to one count of attempted criminal possession of a weapon in the second degree (id. §§ 110.00, 265.03).
The defendant's contention that Penal Law §§ 265.03(3) and 265.01-b(1) are unconstitutional in light of the decision of the United States Supreme Court in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1), and that the indictment was thus defective, is unpreserved for appellate review since he failed to raise a constitutional challenge before the Supreme Court (see People v Cabrera, 41 NY3d 35; People v Manners, 217 AD3d 683, 685-686). In any event, the defendant's contention is without merit (see People v Wilson, 222 AD3d 1009, 1010). The ruling in Bruen had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v Manners, 217 AD3d at 686).
BRATHWAITE NELSON, J.P., GENOVESI, LANDICINO and HOM, JJ., concur.
Darrell M. Joseph
Clerk of the Court