PEOPLE v. SEIGNIUOS (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Quran SEIGNIUOS, Defendant–Appellant.

1154

Decided: December 05, 2023

Kern, J.P., Gesmer, Moulton, Kennedy, Higgitt, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Elizabeth M. Vasily of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Max Bernstein of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J.), rendered May 11, 2022, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

Defendant's Second Amendment claim is unpreserved, and we decline to address it in the interest of justice (see People v. Adames, 216 A.D.3d 519, 188 N.Y.S.3d 479 [1st Dept. 2023], lv denied 40 N.Y.3d 949, 195 N.Y.S.3d 666, 217 N.E.3d 686 [2023]). As an alternative holding, we find that on the present record, defendant has failed to establish that Penal Law § 265.03(1)(b) is unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 [2022], or that he would be entitled to vacatur of his conviction on that basis.

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