People v Young
2026 NY Slip Op 01538 [247 AD3d 1066]
March 18, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2026
The People of the State of New York, Respondent,
v
Gary Young, Appellant.
March 18, 2026
HEADNOTES
Crimes — Appeal — Preservation of Issue for Review
APPEARANCES OF COUNSEL
Patricia Pazner, New York, NY (Sarah B. Cohen of counsel; Cameron Gunn on the brief), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Amy Appelbaum, and Keerthana Nunna of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Evelyn Laporte, J.), rendered June 28, 2023, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his sentence as a second felony offender (Penal Law § 70.06) is unconstitutional is unpreserved for appellate review, as the defendant failed to raise a constitutional challenge before the Supreme Court (see CPL 470.05 [2]; People v Hollmond, 243 AD3d 677, 678 [2025]; People v Smith, 242 AD3d 775, 775 [2025]). We decline to review it in the exercise of our interest of justice jurisdiction (see People v Hollmond, 243 AD3d at 678; People v Munoz, 237 AD3d 1110, 1111 [2025]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Barros, J.P., Genovesi, Voutsinas and Landicino, JJ., concur.