PEOPLE v. WAYMER (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County, (Phyllis Chu, J.), rendered January 26, 2023, 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 the offense to which he entered a plea of guilty was rendered unconstitutional by 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).

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

BRATHWAITE NELSON, J.P., FORD, WAN and LOVE, JJ., concur.