PEOPLE v. JOSHUA (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered May 24, 2023, adjudicating him a youthful offender, upon his plea of guilty to criminal possession of a weapon in the second degree, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his adjudication pursuant to Penal Law § 265.03 is unconstitutional under (New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387).  Contrary to the People's contention, the defendant's contention survives his purported waiver of the right to appeal (see People v. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528).  However, the defendant's contention is unpreserved for appellate review (see People v. Cabrera, 41 N.Y.3d 35, 42–51, 207 N.Y.S.3d 18, 230 N.E.3d 1082).  In any event, the contention is without merit (see People v. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528;  People v. Knight, 241 A.D.3d 840, 842, 238 N.Y.S.3d 694).

Since the defendant's Bruen contention survives a waiver of the right to appeal, we need not reach the parties’ contentions regarding whether the defendant's purported waiver of the right to appeal was valid.

GENOVESI, J.P., WAN, TAYLOR and GOLIA, JJ., concur.