Summary
This uncorrected slip opinion from the New York Supreme Court, Appellate Division, Fourth Department, affirms the defendant's guilty plea convictions for criminal possession of a weapon in the second degree. The defendant argued that Penal Law § 265.03(3) is unconstitutional following the U.S. Supreme Court's ruling in New York State Rifle & Pistol Assn., Inc. v. Bruen. The court determined that this constitutional challenge was unpreserved for appellate review and unanimously upheld the trial court's judgments.
Topics
Practice areas
Questions Presented
- Whether the defendant's constitutional challenge to Penal Law § 265.03(3) is preserved for appellate review
Holdings
- The challenge is unpreserved, and the judgment is affirmed.
Key quotations
“Defendant's sole contention in each appeal—that Penal Law § 265.03 (3) is unconstitutional in light of the United States Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022])—is unpreserved for our review.”
Factual background
The judgment convicted the defendant, upon his guilty plea, of criminal possession of a weapon in the second degree under Penal Law § 265.03(3).
Procedural history
Defendant appealed his conviction for criminal possession of a weapon in the second degree, arguing Penal Law § 265.03(3) was unconstitutional under Bruen; the court found the issue unpreserved and affirmed the judgment.