PEOPLE v. TRUXLER (2025)

Judgment, Supreme Court, Bronx County (Marsha Michael, J., at search warrant application, David L. Lewis, J., at plea and sentencing), rendered February 28, 2020, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and sentencing him to a five-month term of incarceration, unanimously affirmed.

Defendant's argument that his gun possession conviction is unconstitutional in light of the 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) is not properly before this Court.  Defendant filed an untimely CPL 210.20 motion, two and one-half years after he was sentenced, that the court treated as a CPL 440.10 motion and denied.  He also filed a separate CPL 440.10 motion, about four months after his first motion, that was materially the same as the initial motion.  Because obtaining permission from a Justice of this Court is a prerequisite to the Court's consideration of an appeal from the denial of a CPL 440.10 motion (see CPL 450.15[1], 460.15), and defendant failed to obtain leave to appeal, the Court lacks jurisdiction to review defendant's claim.

As an alternative holding, we find that defendant lacked standing to challenge New York's gun licensing scheme because he did not apply for a gun license (see United States v. Decastro, 682 F.3d 160, 164 [2d Cir.2012], cert denied 568 U.S. 1092, 133 S.Ct. 838, 184 L.Ed.2d 665 [2013];  People v. Liriano, 226 A.D.3d 520, 521, 209 N.Y.S.3d 30 [1st Dept. 2024], lv denied 41 N.Y.3d 1019, 214 N.Y.S.3d 323, 237 N.E.3d 1263 [2024]) and that he has failed to establish that his conviction is unconstitutional under Bruen (see People v. Cherif, 220 A.D.3d 543, 196 N.Y.S.3d 457 [1st Dept. 2023], lv denied 40 N.Y.3d 1079, 202 N.Y.S.3d 766, 225 N.E.3d 885 [2023];  People v. Adames, 216 A.D.3d 519, 520, 188 N.Y.S.3d 479 [1st Dept. 2023], lv denied 40 N.Y.3d 949, 195 N.Y.S.3d 666, 217 N.E.3d 686 [2023]).  Furthermore, we decline to address defendant's unpreserved claim that a blanket prohibition of people with one or more felony convictions from possessing a gun is unconstitutional.

Upon our in camera review of the search warrant materials, including the testimony of the confidential informant at the hearing, we are satisfied that there was probable cause to issue the warrant (see People v. Williams, 59 A.D.3d 339, 341, 874 N.Y.S.2d 63 [1st Dept. 2009], lv denied 12 N.Y.3d 861, 881 N.Y.S.2d 672, 909 N.E.2d 595 [2009]).