IN RE: DENIM M. (2024)

Order of disposition, Family Court, New York County (Jonathan H. Shim, J.), entered on or about March 10, 2023, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts that, if committed by an adult, would constitute the crime of criminal possession of a firearm, and placed him in a nonsecure facility for a period of 18 months, unanimously affirmed, without costs.

Appellant failed to preserve his Second Amendment claim (see People v. Cabrera, 41 N.Y.3d 35, 42–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]), and we decline to review it in the interest of justice.  In any event, appellant lacks standing to challenge the statute because he could not have applied for a firearm permit while under age 21 (see Penal Law § 400.00[1][a]; Matter of Gallagher v. D.M., 225 A.D.3d 757, 758, 207 N.Y.S.3d 660 [2d Dept. 2024]).  As an alternative holding, we reject his Second Amendment claim on the merits (see People v. Slade, 228 A.D.3d 439, 439, 211 N.Y.S.3d 362 [1st Dept. 2024], lv denied 42 N.Y.3d 940, 217 N.Y.S.3d 887, 242 N.E.3d 673 [2024];  People v. Johnson, 225 A.D.3d 453, 455, 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]).

Appellant's challenge to his disposition is moot because the placement has expired and has been superseded by an order on consent, which extended the placement for four additional months (see Matter of Donte E., 168 A.D.3d 406, 88 N.Y.S.3d 881 [1st Dept. 2019]).  The subsequent order is unappealable because it was entered on consent (see Matter of Raven L., 105 A.D.3d 424, 961 N.Y.S.2d 776 [1st Dept. 2013]) and is also moot.  As an alternative holding, we find that the 18–month placement in a nonsecure facility was a provident exercise of discretion.