PEOPLE v. JAMES (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Wayne M. Ozzi, J.), rendered May 25, 2022, convicting him of 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's challenge to the constitutionality of his conviction of criminal possession of a weapon in the second degree, 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).  We decline to review the defendant's contention pursuant to our interest of justice jurisdiction.

The defendant's contention that the Supreme Court violated CPL 245.25(2) by conditioning its plea offer on the defendant's waiver of further discovery is unpreserved for appellate review (see id. § 470.05[2]), and we decline to review that contention in the interest of justice.

CONNOLLY, J.P., BRATHWAITE NELSON, LANDICINO and GOLIA, JJ., concur.