PEOPLE v. LUIS (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rhonda Z. Tomlinson, J.), rendered September 28, 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, to which he pleaded guilty, is 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 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, 42–51, 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).  We decline to exercise our interest of justice jurisdiction to consider his contention (see CPL 470.15[3][c];  People v. Guzman, 227 A.D.3d 1107, 1108, 210 N.Y.S.3d 299;  People v. Johnson, 225 A.D.3d 626, 627, 206 N.Y.S.3d 386).

DUFFY, J.P., MILLER, WARHIT and LOVE, JJ., concur.