PEOPLE v. HOOKS (2025)

Judgment, Supreme Court, New York County (Thomas Farber, J. at suppression hearing;  Miriam Best, J. at plea and sentencing), rendered December 1, 2022, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.

There is no basis to disturb the suppression court's credibility determinations, which are entitled to “great deference” (People v. Wheeler, 2 N.Y.3d 370, 374, 779 N.Y.S.2d 164, 811 N.E.2d 531 [2004]).  The testimony of the People's witnesses and corroborating photographic evidence established that the automobile in which defendant was an occupant had a license plate frame covering the bottom portion of the license plate, in violation of former Vehicle and Traffic Law § 402(1)(b), which justified police stopping the vehicle (see People v. Nektalov, 42 N.Y.3d 363, 367, 221 N.Y.S.3d 19, 246 N.E.3d 390 [2024];  People v. Jones, 190 A.D.3d 1013, 1014–1015, 139 N.Y.S.3d 421 [3d Dept. 2021], lv denied 36 N.Y.3d 1098, 144 N.Y.S.3d 137, 167 N.E.3d 1272 [2021];  see also People v. Dula, 198 A.D.3d 463, 464, 152 N.Y.S.3d 581 [1st Dept. 2021], lv denied 37 N.Y.3d 1162, 160 N.Y.S.3d 703, 181 N.E.3d 1131 [2022]).

Defendant failed to preserve his contention that the indictment charging him with weapon possession is unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022) (see People v. Cabrera, 41 N.Y.3d 35, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]), and we decline to review it in the interest of justice.  As an alternative holding, defendant has made a “substantial showing of futility” (Antonyuk v. James, 120 F.4th 941, 978–979 [2d Cir.2024], cert denied ––– U.S. ––––, 145 S.Ct. 1900, 221 L.Ed.2d 646 [2025]), sufficient to excuse the “threshold requirement for standing” (Jackson–Bey v. Hanslmaier, 115 F.3d 1091, 1096 [2d Cir.1997]), since he had previously been convicted of a felony, which bars him from obtaining a firearm license (see Penal Law § 400.00[1][c]).  However, he has failed to establish that his conviction is unconstitutional under Bruen (see People v. Anderson, 234 A.D.3d 603, 604, 224 N.Y.S.3d 75 [1st Dept. 2025], lv denied 43 N.Y.3d 943, 231 N.Y.S.3d 398, 257 N.E.3d 93 [2025];  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]).