PEOPLE v. ROBB (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Phyllis Chu, J.), rendered June 22, 2022, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was indicted for criminal possession of a weapon in the second degree (Penal Law § 265.03[3]) and criminal possession of a firearm (id. § 265.01–b[1]).  The defendant subsequently pleaded guilty to one count of attempted criminal possession of a weapon in the second degree (id. §§ 110.00, 265.03).

The defendant's contention that Penal Law §§ 265.03(3) and 265.01–b(1) are unconstitutional in light of 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, and that the indictment was thus defective, 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, 207 N.Y.S.3d 18, 230 N.E.3d 1082;  People v. Manners, 217 A.D.3d 683, 685–686, 191 N.Y.S.3d 90).  In any event, the defendant's contention is without merit (see People v. Wilson, 222 A.D.3d 1009, 1010, 201 N.Y.S.3d 666).  The ruling in Bruen had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v. Manners, 217 A.D.3d at 686, 191 N.Y.S.3d 90).

BRATHWAITE NELSON, J.P., GENOVESI, LANDICINO and HOM, JJ., concur.