PEOPLE v. STEWART (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dineen Riviezzo, J.), rendered October 17, 2022, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was charged with criminal possession of a weapon in the second degree (Penal Law § 265.03[3]), criminal possession of a firearm (id. § 265.01–b[1]), and criminal possession of a weapon in the fourth degree (id. § 265.01[1]).  The defendant subsequently entered a plea of guilty to criminal possession of a firearm and was sentenced to a term of incarceration of 364 days pursuant to a plea agreement.

Since the defendant abandoned his contentions before the Supreme Court that the offenses underlying the indictment 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, these contentions are unpreserved for appellate review (see People v. Morales, 199 A.D.2d 284, 284, 605 N.Y.S.2d 944;  see also 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).  In any event, the defendant's contentions are without merit, as the ruling in New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 “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).

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

DUFFY, J.P., WOOTEN, TAYLOR and HOM, JJ., concur.