| People v Lawson |
| 2025 NY Slip Op 00985 [235 AD3d 899] |
| February 19, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Ashantee Lawson, Appellant. |
Patricia Pazner, New York, NY (Elisabeth R. Calcaterra 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 (Rhonda Tomlinson, J.), rendered June 22, 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) and 265.01 (1) 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 defendant's remaining contention is unpreserved for appellate review and, in any event, without merit. Miller, J.P., Dowling, Wan and Golia, JJ., concur.