Opinion
No. 235 SSM 59.
Decided December 16, 2010.
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered November 12, 2009. The Appellate Division affirmed a judgmen t of th e Supreme Court, New York County (Rena K. Uviller, J., and Charles Tejada, J., at pretrial proceedings; Edward J. McLaughlin, J., at plea and sentence), which had convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the second degree.
People v Stepter, 67 AD3d 497, affirmed.
Center for Appellate Litigation, New York City (Abigail Everett and Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Allen J. Vickey of counsel), for respondent.
Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner of counsel), for City of New York, intervenor-respondent.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed. Because the People have conceded that defendant has no obligation to register as a gun offender pursuant to New York City's Gun Offender Registration Act (GORA) based upon the crime for which he was convicted, defendant's claim that, he cannot be required to register is moot. In any event, a challenge to gun offender registration under GORA cannot be raised on direct appeal from a judgment of conviction and sentence (see People v Smith, 15 NY3d 669 [decided today]).
Defendant's remaining argument is unpreserved for our review (see People v Rosen, 96 NY2d 329, 335).
Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order af-firmed in a memorandum.