PEOPLE v. DAVONE (2026)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. DAVONE J. (Anonymous), appellant.

2023–06109

Decided: April 22, 2026

COLLEEN D. DUFFY, J.P., BARRY E. WARHIT, LOURDES M. VENTURA, LISA S. OTTLEY, JJ.

Patricia Pazner, New York, NY (Steven C. Kuza of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jean M. Joyce, and Ann Bordley of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered June 23, 2023, adjudicating him a youthful offender, upon his plea of guilty to criminal possession of a firearm, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contentions that his conviction of criminal possession of a firearm is unconstitutional are unpreserved for appellate review, since the defendant failed to raise those constitutional challenges before the Supreme Court (see People v. David, 41 N.Y.3d 90, 96, 207 N.Y.S.3d 456, 231 N.E.3d 402; People v. Cabrera, 41 N.Y.3d 35, 42, 207 N.Y.S.3d 18, 230 N.E.3d 1082), and we decline to reach them in the exercise of our interest of justice jurisdiction.

In light of our determination, the defendant's remaining contention need not be reached.

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

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