PEOPLE v. GOINS III (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), defendant challenges the constitutionality of Penal Law § 265.03 in light of the United States Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022). Defendant failed to raise any such challenge before Supreme Court, and his challenge therefore is not preserved for our review (see CPL 470.05 [2]; People v. Cabrera, 41 N.Y.3d 35, 42-51, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]; People v. David, 41 N.Y.3d 90, 97-100, 207 N.Y.S.3d 456, 231 N.E.3d 402 [2023]; People v. Rouse, 225 A.D.3d 1120, 1121, 205 N.Y.S.3d 621 [4th Dept. 2024], lv denied 41 N.Y.3d 985, 210 N.Y.S.3d 751, 234 N.E.3d 367 [2024]). We decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).