THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ANTRELL DAVIS DEFENDANT APPELLANT (2025)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTRELL DAVIS, DEFENDANT-APPELLANT.

929 Decided: January 31, 2025

PRESENT: WHALEN, P.J., CURRAN, GREENWOOD, NOWAK, AND KEANE, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (CLEA WEISS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT. ALVIN L. BRAGG, JR., DISTRICT ATTORNEY, NEW YORK CITY (JOHN T. HUGHES OF COUNSEL), FOR DISTRICT ATTORNEYS ASSOCIATION OF THE STATE OF NEW YORK, AMICUS CURIAE.

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 attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). We affirm.

Initially, to the extent that defendant challenges the state's gun licensing scheme, we conclude that defendant has not demonstrated that he has standing to assert that challenge (see People v Vega, 228 AD3d 467, 467 [1st Dept 2024]; People v Liriano, 226 AD3d 520, 521 [1st Dept 2024], lv denied 41 NY3d 1019 [2024]; see generally United States v Decastro, 682 F3d 160, 164 [2d Cir 2012], cert denied 568 US 1092 [2013]). Furthermore, we reject defendant's contention that Penal Law § 265.03 (3) is unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]). The decision in Bruen “had no impact on the constitutionality of New York State's criminal possession of a weapon statutes” (People v Mancuso, 225 AD3d 1151, 1153 [4th Dept 2024] [internal quotation marks omitted]; see People v Cabrera, 41 NY3d 35, 49-50 [2023]; People v Joyce, 219 AD3d 627, 628 [2d Dept 2023], lv denied 40 NY3d 1013 [2023]).

Entered: January 31, 2025

Ann Dillon Flynn

Clerk of the Court

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