The People, etc., respondent, v. Dequan Robinson, appellant. (2026)

Argued—March 12, 2026

DECISION & ORDER

Q/

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Phyllis Chu, J.), rendered September 26, 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 defendant's contention, he was properly sentenced as a second violent felony offender (see Penal Law § 70.04).  The defendant's vague allegations during the plea proceeding were insufficient to warrant a hearing on whether his prior conviction was unconstitutionally obtained (see CPL 400.15[4];  People v. Konstantinides, 14 NY3d 1, 15;  People v. Armstrong, 210 AD3d 900, 901).

The defendant's contention that his sentence as a second violent felony offender is unconstitutional in light of Erlinger v. United States (602 U.S. 821) and Apprendi v. New Jersey (530 U.S. 466) is unpreserved for appellate review (see CPL 470.05[2];  People v. Rosen, 96 N.Y.2d 329, 335;  People v. Munoz, 237 AD3d 1110, 1111).  We decline to review it in the exercise of our interest of justice jurisdiction (see People v. Austin, 242 AD3d 763, 764;  People v. Munoz, 237 AD3d at 1111).

DUFFY, J.P., WARHIT, VENTURA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court