PEOPLE v. MITCHELL (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Howard E. Sturim, J.), rendered June 29, 2023, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's appeal waiver does not preclude appellate review of his contention that 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, and the defendant does not lack standing to assert this claim (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 that the statute is unconstitutional 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. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528;  People v. Manners, 217 A.D.3d 683, 686, 191 N.Y.S.3d 90).

DILLON, J.P., WARHIT, VENTURA and GOLIA, JJ., concur.