THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JAYLAN GOLDEN DEFENDANT APPELLANT (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JAYLAN GOLDEN, DEFENDANT-APPELLANT.

583 Decided: October 02, 2026

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, GREENWOOD, AND SKINNER, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (AARON FRIEDMAN OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (RYAN P. ASHE OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, among other things, two counts of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant contends that he was denied effective assistance of counsel because trial counsel failed to challenge Penal Law § 265.03 (3) as unconstitutional in light of New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]). We reject that contention inasmuch as any motion raising such argument would have had “little or no chance of success” (People v Stultz, 2 NY3d 277, 287 [2004], rearg denied 3 NY3d 702 [2004]). The decision in Bruen “ ‘had no impact on the constitutionality of New York State's criminal possession of a weapon statutes’ ” (People v Mancuso, 225 AD3d 1151, 1153 [4th Dept 2024], lv denied 43 NY3d 964 [2025], cert denied — US —, 146 S Ct 1652 [2026]; see People v Lindsey, 249 AD3d 1519, 1519-1520 [4th Dept 2026]; see also People v Cabrera, 41 NY3d 35, 49-50 [2023]).

Entered: October 2, 2026

Ann Dillon Flynn

Clerk of the Court

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