2023 NY Slip Op 04726
N.Y. App. Div. 1st
2023

People v DeLarosa

Appellate Division, First Department

September 26, 2023

219 AD3d 1230 | 2023 NY Slip Op 04726

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 8, 2023.

Caprice R. Jenerson, Office of Appellate Defender, New York (Alexandra Ricks of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), for respondent.

Judgment, Supreme Court, New York County (Curtis J. Farber, J., at plea; Steven M. Statsinger, J., at sentencing), rendered March 29, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

Defendant did not preserve his Second Amendment challenge to his conviction under Penal Law § 265.03 (3) based on the United State Supreme Court‘s decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US —, 142 S Ct 2111 [2022]), and we decline to review the claim in the interest of justice (see People v Adames, 216 AD3d 519, 519-520 [1st Dept 2023]). As an alternative holding, we find that on the present record, defendant has failed to establish that Penal Law § 265.03 (3), or his conviction thereunder, was unconstitutional.

We perceive no basis for reducing defendant‘s sentence. Concur—Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O‘Neill Levy, JJ.