The People, etc., respondent, v. Edwal Garcia, appellant. (2025)

Submitted—October 29, 2025

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Phyllis Chu, J.), rendered December 13, 2022, convicting him of criminal possession of a firearm and criminal possession of a controlled substance in the fifth degree, 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) 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), 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 NY3d 35, 42;  People v. Thompson, 239 AD3d 774, 774).  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” (People v. Thompson, 239 AD3d at 774–775;  see People v. Manners, 217 AD3d 683, 686).

BARROS, J.P., CHAMBERS, CHRISTOPHER and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court