Opinion
04-30-2024
The PEOPLE of the State of New York, Respondent, v. Jehvon STEWART, Defendant–Appellant.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Alexandra Ricks of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Elliott R. Hamilton of counsel), for respondent.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Alexandra Ricks of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Elliott R. Hamilton of counsel), for respondent.
Singh, J.P., Gesmer, Kennedy, Scarpulla, Pitt–Burke, JJ.
Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered May 12, 2021, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S.—, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his Second Amendment claim (see People v. Johnson, 225 A.D.3d 453, 206 N.Y.S.3d 584 [1st Dept. 2024]; People v. Jackson, 225 A.D.3d 547, 207 N.Y.S.3d 484 [1st Dept. 2024]; People v. Khan, 225 A.D.3d 552, 206 N.Y.S.3d 74, 2024 N.Y. Slip Op. 01682 [1st Dept. 2024]). Moreover, defendant’s claim is unpreserved (see People v. Cabrera, 41 N.Y.3d 35, 42-51, 207 N.Y.S.3d 18, 230 N.E.3d 1082 [2023]), and we decline to consider it in the interest of justice. As an alternative holding, we find that on the present record, defendant has not demonstrated that he has standing to challenge Penal Law § 265.03(3), or that this statute is unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 (2022) (see Johnson, 225 A.D.3d at 453, 206 N.Y.S.3d 584; Jackson, 225 A.D.3d 547, 207 N.Y.S.3d 484; Khan, 225 A.D.3d 552, 206 N.Y.S.3d 74, 2024 N.Y. Slip Op. 01682).