People v Phillips
2025 NYSlipOp 01237 [236 AD3d 680]
March 5, 2025
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 7, 2025


[*1]
 The People of the State of New York, Respondent,
v
Uzziel Phillips, Appellant.

Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Claudia Daniels-DePeyster, J.), rendered August 11, 2022, 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 Penal Law §§ 265.01-b (1); 265.01 (1) and 265.03 (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 US 1 [2022]), and that the indictment was thus defective, is unpreserved for appellate review, since he failed to raise a constitutional challenge before the Supreme Court (see People v Cabrera, 41 NY3d 35, 42, 50-51 [2023]; People v Sirleaf, 231 AD3d 969 [2024]). In any event, the defendant's contention is without merit. The Bruen decision had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v Wilson, 222 AD3d 1006, 1009 [2023]; People v Joyce, 219 AD3d 627, 627-628 [2023]; People v Manners, 217 AD3d 683 [2023]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. Dillon, J.P., Wooten, Voutsinas and Ventura, JJ., concur.