PEOPLE v. GUERRERO (2024)

Judgment, Supreme Court, New York County (Gregory Carro, J., at plea;  Rene Uviler, J., at sentencing), rendered September 6, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and sentencing him to a jail term of 45 days, unanimously affirmed.

Defendant's claim that his conviction violates the Second Amendment is unpreserved because he did not assert the claim in the trial court (see People v. Cabrera, 41 N.Y.3d 35, 42, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]) and we decline to review it in the interest of justice.  As an alternative holding, we find that defendant failed to establish that he has standing to assert a Second Amendment challenge to the state's gun licensing scheme or that the fourth-degree weapon possession statute 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]) (see People v. Johnson, 225 A.D.3d 453, 206 N.Y.S.3d 584 [1st Dept. 2024], lv granted 42 N.Y.3d 939, 217 N.Y.S.3d 895, 242 N.E.3d 680 [2024]).