Opinion
No. 625 Ind. No. 3230/18 No. 2019-4063
09-26-2023
The People of the State of New York, Respondent, v. Adilson DeLarosa, Defendant-Appellant.
Caprice R. Jenerson, Office of Appellate Defender, New York (Alexandra Ricks of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), for respondent.
Caprice R. Jenerson, Office of Appellate Defender, New York (Alexandra Ricks of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Anna Notchick of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Mendez, Shulman, Rosado, O'Neill Levy, JJ.
Judgment, Supreme Court, New York County (Curtis J. Farber, J., at plea; Steven M. Statsinger, J., at sentencing), rendered March 29, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.
Defendant did not preserve his Second Amendment challenge to his conviction under Penal Law § 265.03(3) based on the United State Supreme Court's decision in New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. -, 142 S.Ct. 2111 [2022]), and we decline to review the claim in the interest of justice (see People v Adames, 216 A.D.3d 519, 519-520 [1st Dept 2023]). As an alternative holding, we find that on the present record, defendant has failed to establish that Penal Law § 265.03 (3), or his conviction thereunder, was unconstitutional.
We perceive no basis for reducing defendant's sentence. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.