PEOPLE v. KAMAL (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Donald Leo, J.), rendered January 21, 2022, adjudicating him a youthful offender, upon his plea of guilty to attempted criminal possession of a weapon in the second degree, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant pleaded guilty to attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03[3]), was adjudicated a youthful offender, and was sentenced to one year of incarceration pursuant to a plea agreement.

The defendant's contention that the offense to which he pleaded guilty was rendered unconstitutional by the decision of the United States Supreme Court in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 is unpreserved for appellate review, since he failed to raise a constitutional challenge before the Supreme Court (see People v. Cabrera, 41 N.Y.3d 35, 42–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082;  People v. Chase, 223 A.D.3d 913, 913, 204 N.Y.S.3d 221).  We decline to exercise our interest of justice jurisdiction to consider his contention (see CPL 470.15[3][c];  People v. Guzman, 227 A.D.3d 1107, 1108, 210 N.Y.S.3d 299;  People v. Johnson, 225 A.D.3d 626, 627, 206 N.Y.S.3d 386).

In light of our determination, we need not consider the parties' remaining contentions.

DUFFY, J.P., MILLER, CHRISTOPHER and VENTURA, JJ., concur.