PEOPLE v. PHILLIPS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Claudia Daniels–DePeyster, J.), rendered August 11, 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's contention that Penal Law §§ 265.01–b(1), 265.01(1), and 265.03(3) 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, 42, 50–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082;  People v. Sirleaf, 231 A.D.3d 969, 219 N.Y.S.3d 413).  In any event, the defendant's contention is without merit.  The Bruen decision had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v. Wilson, 222 A.D.3d 1006, 1009, 201 N.Y.S.3d 678;  People v. Joyce, 219 A.D.3d 627, 627–628, 194 N.Y.S.3d 303;  People v. Manners, 217 A.D.3d 683, 191 N.Y.S.3d 90).

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

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

DILLON, J.P., WOOTEN, VOUTSINAS and VENTURA, JJ., concur.