PEOPLE v. JOEL (2025)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., at plea;  Guy Mitchell, J., at sentencing), rendered June 7, 2024, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, adjudicating him a youthful offender, and sentencing him to time served, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his Second Amendment claim pursuant to New York Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022) (see People v. Velardo, 228 A.D.3d 520, 211 N.Y.S.3d 382 [1st Dept. 2024], lv denied 42 N.Y.3d 930, 216 N.Y.S.3d 112, 240 N.E.3d 831 [2024]).  In addition, defendant's claim is unpreserved (see People v. Cabrera, 41 N.Y.3d 35, 42–51, 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, we find that although defendant had standing to assert his Second Amendment challenge because, at 18 years of age, it would have been futile for him to apply for a license reserved for those 21 years old or older (see People v. Tarazona, 239 A.D.3d 544, 234 N.Y.S.3d 85 [1st Dept. 2025]), defendant has failed to establish that his conviction is unconstitutional under Bruen.

Defendant's contention that his counsel rendered ineffective assistance by failing to preserve his Second Amendment claim is unreviewable on direct appeal because it involves matters not reflected in the record and, thus, must be raised in a CPL 440.10 motion (see People v. Gomez, 186 A.D.3d 422, 423–424, 129 N.Y.S.3d 60 [1st Dept. 2020]).  As an alternative holding, we find that counsel was not ineffective for failing to raise a Bruen-based claim (see People v. Caban, 5 N.Y.3d 143, 152, 800 N.Y.S.2d 70, 833 N.E.2d 213 [2005];  People v. Diallo, 232 A.D.3d 427, 220 N.Y.S.3d 288 [1st Dept. 2024], lv denied 43 N.Y.3d 930, 229 N.Y.S.3d 79, 254 N.E.3d 623 [2025]).