The People, etc., respondent, v. Nkosi Alexander, appellant. (2026)

Submitted—May 22, 2026

DECISION & ORDER

M/

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heidi C. Cesare, J.), rendered January 3, 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 contends that Penal Law §§ 265.03(3) and 265.01–b(1) and Administrative Code of the City of New York § 10–131(i)(3) are unconstitutional in light of the decision of the United States Supreme Court in New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1), and that the indictment was, therefore, defective.  Contrary to the People's contention, the defendant's waiver of his right to appeal does not preclude appellate review of this contention, and the defendant does not lack standing to advance this contention (see People v. Johnson, _ NY3d _, 2025 N.Y. Slip Op 06528).  However, the defendant's contention is unpreserved for appellate review (see People v. Cabrera, 41 NY3d 35, 42;  People v. Davidson, 98 N.Y.2d 738, 739) and, in any event, without merit.  Contrary to the defendant's contention, the Bruen decision had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v. Johnson, _ NY3d _, 2025 N.Y. Slip Op 06528;  People v. Manners, 217 AD3d 683, 686).

CONNOLLY, J.P., WOOTEN, VENTURA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court