PEOPLE v. OUTTEN (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Toni Cimino, J.), rendered September 12, 2022, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to the constitutionality of the counts of the indictment charging him with criminally possessing a firearm, in light of the decision 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 did not raise a constitutional challenge before the Supreme Court (see People v. Cabrera, 41 N.Y.3d 35, 41–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082;  People v. Sargeant, 230 A.D.3d 1341, 1354–1355, 220 N.Y.S.3d 85;  People v. Chase, 223 A.D.3d 913, 913, 204 N.Y.S.3d 221).  In any event, the Bruen decision “had no impact on the constitutionality of New York State's criminal possession of a weapon statutes” (People v. Manners, 217 A.D.3d 683, 686, 191 N.Y.S.3d 90;  see People v. Sargeant, 230 A.D.3d at 1355, 220 N.Y.S.3d 85;  People v. Chase, 223 A.D.3d at 913, 204 N.Y.S.3d 221).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

Accordingly, we affirm the judgment.

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.