PEOPLE v. IRICK (2026)

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

The PEOPLE, etc., respondent, v. Zabar IRICK, appellant.

2024-00454

Decided: October 28, 2026

FRANCESCA E. CONNOLLY, J.P., CHERYL E. CHAMBERS, HELEN VOUTSINAS, PHILLIP HOM, JJ.

Patricia Pazner, New York, N.Y. (Victoria Benton of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Zachary De Stefan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Laura Johnson, J.), rendered January 11, 2024, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that he was improperly sentenced as a second felony offender is unpreserved for appellate review since he did not contest or controvert his status as a second felony offender when he had the opportunity to do so at the sentencing hearing (see CPL 470.05[2]; People v. Smith, 73 N.Y.2d 961; People v. Salako, 165 AD3d 846). We decline to reach the unpreserved issue in the exercise of our interest of justice jurisdiction.

The defendant's contention that he was deprived of the effective assistance of counsel as defense counsel failed to challenge the defendant's adjudication as a second felony offender is without merit (see Strickland v. Washington, 466 U.S. 668; People v. Benevento, 91 N.Y.2d 708).

CONNOLLY, J.P., CHAMBERS, VOUTSINAS and HOM, JJ., concur.

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