PEOPLE v. KEYSHAWN (2026)

Judgment, Supreme Court, Bronx County (Joseph A. McCormack, J.), rendered May 25, 2022, convicting defendant of criminal possession of a weapon in the fourth degree, adjudicating him a youthful offender, and sentencing him to 15 days in jail, unanimously affirmed.

Defendant's facial challenge to New York's gun licensing regime based on New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1, 142 [2022] ) was properly preserved, and he has standing to assert it even though he did not apply for a license (see People v. Johnson, ––– NY3d ––––, 2025 N.Y. Slip Op 06528, *2 [2025], cert denied ––– U.S. ––––, 146 S Ct 2745 [2026] ).  However, his claim is unavailing on its merits, as “Bruen invalidated only the ‘proper cause’ requirement in New York's gun licensing scheme and left the balance of the State's gun licensing regime undisturbed” (People v. Ocampos, 250 AD3d 666, 668 [1st Dept 2026] ).  Defendant's argument that Johnson 's holding does not apply to him because his arrest occurred prior to Bruen is unavailing (see People v. Francis, 247 AD3d 481, 482 [1st Dept 2026], lv denied 45 NY3d 996 [2026] ).

Defendant's as-applied challenge to New York's licensing regime based on his age is unpreserved (Cabrera, 41 NY3d 35, 42–51 [2023] ), and we decline to consider it in the interest of justice.  As an alternative holding, we find that defendant has failed to establish that his conviction is unconstitutional under Bruen due to his age (see People v. Batista, 248 AD3d 669, 670 [1st Dept 2026], lv denied 45 NY3d 1036 [2026];  People v. Acosta, 240 AD3d 458, 459 [1st Dept 2026], lv granted 45 NY3d 1035 [2026] ).