People v Kamal H.
2024 NY Slip Op 05356 [231 AD3d 1169]
October 30, 2024
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 11, 2024


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

Patricia Pazner, New York, NY (Tina Peng of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel; Lauren Slattery on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Donald Leo, J.), rendered January 21, 2022, adjudicating him a youthful offender, upon his plea of guilty to attempted criminal possession of a weapon in the second degree, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant pleaded guilty to attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), was adjudicated a youthful offender, and was sentenced to one year of incarceration pursuant to a plea agreement.

The defendant's contention that the offense to which he pleaded guilty was rendered unconstitutional by the decision of the United States Supreme Court in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]) is unpreserved for appellate review, since he failed to raise a constitutional challenge before the Supreme Court (see People v Cabrera, 41 NY3d 35, 42-51 [2023]; People v Chase, 223 AD3d 913, 913 [2024]). We decline to exercise our interest of justice jurisdiction to consider his contention (see CPL 470.15 [3] [c]; People v Guzman, 227 AD3d 1107, 1108 [2024]; People v Johnson, 225 AD3d 626, 627 [2024]).

In light of our determination, we need not consider the parties' remaining contentions. Duffy, J.P., Miller, Christopher and Ventura, JJ., concur.