PEOPLE v. PADIA (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura R. Johnson, J.), rendered April 20, 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 was convicted of criminal possession of a firearm, upon his plea of guilty (Penal Law § 265.01–b[1]).  On appeal, the defendant contends that his conviction is unconstitutional in light of (New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387).

The defendant's valid waiver of his right to appeal does not preclude review of his facial constitutional challenge (see People v. Johnson, ––– N.Y.3d ––––, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *1, *3).  However, the defendant's contention is unpreserved for appellate review, as the defendant failed to raise a constitutional challenge before the Supreme Court (see People v. Cabrera, 41 N.Y.3d 35, 39, 207 N.Y.S.3d 18, 230 N.E.3d 1082;  People v. Joyce, 219 A.D.3d 627, 628, 194 N.Y.S.3d 303;  see also People v. Johnson, ––– N.Y.3d at ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *2).

In any event, “[t]he party making a facial challenge must establish that a law is unconstitutional in every possible application” (People v. Johnson, ––– N.Y.3d at ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *3).  The defendant here “has failed to show that there is no set of circumstances in which the licensing scheme would be constitutionally valid” (People v. Johnson, ––– N.Y.3d at ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *3).  Accordingly, the defendant's contention that his conviction was unconstitutional is without merit (see People v. Johnson, ––– N.Y.3d at ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *3;  People v. Sargeant, 230 A.D.3d 1341, 1355, 220 N.Y.S.3d 85, affd ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06361;  People v. Li, 226 A.D.3d 830, 832, 208 N.Y.S.3d 708).

IANNACCI, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.