People v. Jacque-Crews, 213 A.D.3d 1335

Defendant displayed a handgun during an altercation, left in a black Mercedes, returned and displayed the handgun again, then left the scene.
Police later stopped that vehicle; defendant fled on foot from the stopped car and abandoned a backpack along his flight path.
Officers recovered a firearm from the backpack; defendant was tried and convicted of two counts of criminal possession of a weapon in the second degree and one count in the third degree.
On appeal defendant raised (1) a facial Second Amendment challenge to the weapons statutes in light of Bruen, (2) a suppression challenge to the recovery of the handgun, and (3) hearsay/limiting-instruction claims about a recorded 911 call admitted at trial.
The Appellate Division affirmed the convictions, finding the constitutional challenge and several evidentiary claims unpreserved and any evidentiary error harmless; sentence was not excessive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Facial Second Amendment challenge to weapons statutes	Statutes are valid; defendant failed to preserve constitutional challenge	Statutes are facially unconstitutional post-Bruen	Unpreserved; challenge not reviewable on appeal; affirmed
Suppression of handgun recovered from abandoned backpack (stop/reasonable suspicion)	Officers permissibly relied on radio dispatch; fellow-officer rule applies	Stop/suppression should be reviewed because dispatch traces to an unreliable 911 caller	Unpreserved insofar as defendant never challenged reliability of 911 caller or radio transmissions; fellow-officer presumption stands
Admissibility of recorded 911 call (hearsay)	Recording admissible for nonhearsay purposes and any error was harmless	Recording inadmissible hearsay; prejudiced defendant	Even assuming error, admission was harmless; conviction stands
Failure to give promised limiting instruction / preservation of related claim	Limiting instruction not required because issue not preserved	Court promised instruction and failed to give it, requiring reversal	Claim unpreserved; appellate court declines to exercise interest-of-justice review; no reversal

New York State Rifle & Pistol Assn., Inc. v. Bruen, 142 S. Ct. 2111 (U.S. 2022) (Supreme Court decision establishing the test for Second Amendment challenges)
People v Thomas, 50 N.Y.2d 467 (N.Y. 1980) (preservation rule for constitutional claims)
People v Landy, 59 N.Y.2d 369 (N.Y. 1983) (fellow-officer rule and presumptions about radio dispatches)
People v Fenner, 61 N.Y.2d 971 (N.Y. 1984) (related treatment of radio information and probable cause/reasonable suspicion)
People v Searight, 162 A.D.3d 1633 (4th Dep't 2018) (discussing when the presumption of reasonable suspicion from a dispatch is rebutted)
People v Shabazz, 289 A.D.2d 1059 (4th Dep't 2001) (officer reliance on radio dispatch and burden to establish reliability)
People v Almonte, 160 A.D.3d 594 (1st Dep't 2018) (discussion of hearsay and recorded 911 calls)
People v Spencer, 96 A.D.3d 1552 (4th Dep't 2012) (harmless-error analysis for admission of a 911 recording)