Opinion
No. 3115 Ind. No. 71633/22 Case No. 2022-05191
11-26-2024
The People of the State of New York, Respondent, v. Lazarus Casas, Defendant-Appellant.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Nathan Morgante of counsel), for respondent.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Victorien Wu of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Nathan Morgante of counsel), for respondent.
Before: Renwick, P.J., Moulton, Friedman, Kapnick, Kennedy, JJ.
Judgment, Supreme Court, New York County (Robert M. Mandelbaum, J., at motion; Neil Ross, J., at plea and sentencing), rendered November 7, 2022, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 3½ years to be followed by 2½ years of postrelease supervision, unanimously affirmed.
We find that on the present record, defendant has not established that his prosecution and conviction are unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 U.S. 1 [2022]), or that he would be entitled to vacatur of his conviction on that basis (see People v Daniels, 224 A.D.3d 554 [1st Dept 2024], lv denied 41 N.Y.3d 982 [2024]; People v Seigniuos, 222 A.D.3d 413 [1st Dept 2023], lv denied 40 N.Y.3d 1094 [2024]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.