People v Goins, 2024 NY Slip Op 05731 [232 AD3d 1306]
November 15, 2024
Appellate Division, Fourth Department
[*1]
The People of the State of New York, Respondent,
v
Willie J. Goins, III, Appellant.
Julie Cianca, Public Defender, Rochester (Tonya Plank of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Amy N. Walendziak of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered January 21, 2020. The judgment convicted defendant upon his plea of guilty of attempted criminal possession of a weapon in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]), defendant challenges the constitutionality of Penal Law § 265.03 in light of the United States Supreme Court’s decision in New York State Rifle & Pistol Assn. , Inc. v Bruen (597 US 1 [2022]). Defendant failed to raise any such challenge before Supreme Court, and his challenge therefore is not preserved for our review ( see CPL 470.05 [2]; People v Cabrera , 41 NY3d 35 , 42-51 [2023]; People v David , 41 NY3d 90 , 97-100 [2023]; People v Rouse , 225 AD3d 1120 , 1121 [4th Dept 2024], lv denied 41 NY3d 985 [2024]). We decline to exercise our power to review it as a matter of discretion in the interest of justice ( see CPL 470.15 [3] [c]). Present—Whalen, P.J., Curran, Ogden, DelConte and Hannah, JJ..