PEOPLE v. J. R., Defendant–Appellant. (2026)

Judgment, Supreme Court, Bronx County (Audrey Stone, J., at plea; Jeffrey Rosenblueth, J., at sentencing), rendered February 23, 2024, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, adjudicating him a youthful offender, and sentencing him to a prison term of 11/313 to 4 years, unanimously affirmed. Judgment, same court (Jeffrey Rosenblueth, J.), rendered February 23, 2024, convicting defendant, upon his plea of guilty, of assault in the first degree, adjudicating him a youthful offender, and sentencing him to a concurrent prison term of 11/313 to 4 years, unanimously affirmed.

While defendant, who, had he applied for a gun license would have been barred from obtaining one because he was under 21 years old, has standing to assert his Second Amendment challenge to the age requirement in New York's gun licensing law in light of New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022) (see People v. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *6 [2025]; People v. Jhowalli S., 245 A.D.3d 601, 247 N.Y.S.3d 79, 2026 N.Y. Slip Op. 00320, *1 [1st Dept 2026]), the challenge is without merit. Defendant has failed to establish that his conviction is unconstitutional under Bruen, and this Court has previously held that New York's age restriction on gun licensing does not offend the Second Amendment (see Jhowalli S., 2026 N.Y. Slip Op. 00320, *1, 245 A.D.3d 601, 247 N.Y.S.3d 79, citing People v. Maldonado, 230 A.D.3d 1069, 1070, 217 N.Y.S.3d 81 [1st Dept. 2024], lv denied 42 N.Y.3d 1053, 225 N.Y.S.3d 653, 250 N.E.3d 664 [2024]).

Defendant's challenge to the “good moral character” licensing requirement under Penal Law § 400.00(1)(b) is unpreserved for our review, as he did not raise this argument in his motion to dismiss the indictment (see People v. Cabrera, 41 N.Y.3d 35, 42, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]; People v. Watts, 234 A.D.3d 620, 621, 226 N.Y.S.3d 65 [1st Dept. 2025], lv denied 43 N.Y.3d 1059, 239 N.Y.S.3d 101, 265 N.E.3d 1118 [2025]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits (see People v. Guzman, 237 A.D.3d 570, 571, 232 N.Y.S.3d 127 [1st Dept. 2025], lv denied 44 N.Y.3d 993, 242 N.Y.S.3d 215, 269 N.E.3d 201 [2025]).

We perceive no basis for reducing the sentence.

We have considered defendant's remaining contentions and find them unavailing.