PEOPLE v. CONYERS (2025)

Judgment, Supreme Court, New York County (Curtis Farber, J.), rendered November 1, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of five years, unanimously affirmed.

Defendant lacks standing to raise his Second Amendment claims because he did not apply for a gun license (see People v. Johnson, 225 A.D.3d 453, 455, 206 N.Y.S.3d 584 [1st Dept. 2024], lv granted 42 N.Y.3d 939, 217 N.Y.S.3d 895, 242 N.E.3d 680 [2024];  see also People v. Watts, 234 A.D.3d 620, 621, 226 N.Y.S.3d 65 [1st Dept. 2025]).  Defendant also failed to preserve his Second Amendment claims, and we decline to review them in the interest of justice (see People v. Cabrera, 41 N.Y.3d 35, 46–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023];  Watts, 234 A.D.3d at 621, 226 N.Y.S.3d 65).  We reject defendant's claim that application of the preservation requirement to this case violates his right to procedural due process.  As an alternative holding, defendant fails to establish that his conviction is unconstitutional under New York State Rifle & Pistol Assn. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022) (see Johnson, 225 A.D.3d at 455, 206 N.Y.S.3d 584).