The People of the State of New York v. Shakeem L. Colbert

Julie Cianca, Public Defender, Rochester (Brian Shiffrin of Counsel), for Defendant-Appellant. Sandra Doorley, District Attorney, Rochester (Lisa Gray of Counsel), for Respondent. Appeal from a judgment of the Supreme Court, Monroe County (Charles A. Schiano, Jr., J.), rendered June 17, 2019. The judgment convicted defendant upon a plea of guilty of criminal possession of a weapon in the second degree and resisting arrest. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and resisting arrest (§ 205.30). Relying on New York State Rifle & Pistol Assn., Inc. v. Bruen (597 US 1 [2022]), defendant contends that his conviction of criminal possession of a weapon in the second degree is unconstitutional. Defendant failed to preserve that contention for our review (see People v. Cabrera, 41 NY3d 35, 39 [2023]; People v. David, 41 NY3d 90, 95-96 [2023]; People v. Bell, 229 AD3d 1178, 1179 [4th Dept 2024], lv denied 42 NY3d 1018 [2024]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]; Bell, 229 AD3d at 1179; People v. Ocasio, 222 AD3d 1364, 1365 [4th Dept 2023]).