People v Colbert, 2024 NY Slip Op 06492 [233 AD3d 1523]
December 20, 2024
Appellate Division, Fourth Department
[*1]
The People of the State of New York, Respondent,
v
Shakeem L. Colbert, Appellant.
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]). Present—Smith, J.P., Bannister, Montour, Greenwood and Keane, JJ..