PEOPLE v. COLBERT (2024)

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and resisting arrest (§ 205.30). Relying on New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022), defendant contends that his conviction of criminal possession of a weapon in the second degree is unconstitutional. Defendant failed to preserve that contention for our review (see People v. Cabrera, 41 N.Y.3d 35, 39, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]; People v. David, 41 N.Y.3d 90, 95-96, 207 N.Y.S.3d 456, 231 N.E.3d 402 [2023]; People v. Bell, 229 A.D.3d 1178, 1179, 216 N.Y.S.3d 385 [4th Dept. 2024], lv denied 42 N.Y.3d 1018, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2024]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; Bell, 229 A.D.3d at 1179, 216 N.Y.S.3d 385; People v. Ocasio, 222 A.D.3d 1364, 1365, 201 N.Y.S.3d 819 [4th Dept. 2023]).