THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JAKWAN CURRY DEFENDANT APPELLANT APPEAL NO (2025)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAKWAN CURRY, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

94 Decided: March 14, 2025

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, NOWAK, AND KEANE, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (DREW R. DUBRIN OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MARTIN P. MCCARTHY, II, OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: In appeal No. 1, defendant appeals from a judgment that convicted him, following his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). In appeal No. 2, defendant appeals from a separate judgment that convicted him, following his plea of guilty, of criminal possession of a weapon in the second degree (id.).

Defendant's sole contention in each appeal—that Penal Law § 265.03 (3) is unconstitutional in light of the United States Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022])—is unpreserved for our review (see People v Bell, 229 AD3d 1178, 1179 [4th Dept 2024], lv denied 42 NY3d 1018 [2024]; People v Sapp, 225 AD3d 1280, 1280 [4th Dept 2024], lv denied 41 NY3d 1020 [2024]; People v Williams, 224 AD3d 1355, 1355 [4th Dept 2024], lv denied 42 NY3d 941 [2024]; see generally People v Cabrera, 41 NY3d 35, 39, 42-47 [2023]).

Entered: March 14, 2025

Ann Dillon Flynn

Clerk of the Court

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