Opinion
Nos. 2021-05171 2022-05756 Ind. Nos. 3722/19 1113/19
12-27-2023
The People of the State of New York, respondent, v. Raquan Wilson, appellant.
Patricia Pazner, New York, NY (Lynn W. L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Melissa Wachs of counsel; Ashley Lino-Frazier on the brief), for respondent.
Patricia Pazner, New York, NY (Lynn W. L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Melissa Wachs of counsel; Ashley Lino-Frazier on the brief), for respondent.
VALERIE BRATHWAITE NELSON, J.P. JOSEPH J. MALTESE WILLIAM G. FORD BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Kings County (Craig S. Walker, J.), both rendered July 7, 2021, convicting him of criminal possession of a firearm under Indictment No. 3722/19, and criminal possession of a firearm under Indictment No. 1113/19, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are modified, on the law and as a matter of discretion in the interest of justice, by vacating the imposition of mandatory surcharges and fees; as so modified, the judgments are affirmed.
The defendant was charged with criminal possession of a weapon in the second degree (see Penal Law § 265.03[3]) and criminal possession of a firearm (see Penal Law § 265.01-b[1]), among other crimes, in two separate indictments in connection with acts that allegedly occurred on two separate dates. The defendant subsequently entered a plea of guilty to one count, in each indictment, of criminal possession of a firearm.
The defendant's contention that Penal Law §§ 265.01-b and 265.03(3) are unconstitutional in light of the decision in New York State Rifle & Pistol Assn., Inc. v Bruen (_____ U.S._____, 142 S.Ct. 2111), is unpreserved for appellate review, as the defendant failed to raise a constitutional challenge before the Supreme Court (see People v Cabrera, _____ N.Y.3d ____, 2023 NY Slip Op 05968; People v Manners, _____ A.D.3d _____, 2023 NY Slip Op 03017, at *2 [2d Dept]; People v McDowell, 214 A.D.3d 1437, 1438-1439; People v Reese, 206 A.D.3d 1461, 1462). In any event, the defendant's contention is without merit (see People v Manners, _____ A.D.3d _____, 2023 NY Slip Op 03017, at *2).
However, as consented to by the People, we modify the judgments by vacating the mandatory surcharges and fees imposed upon the defendant at sentencing (see CPL 420.35[2-a][c]; People v King, 212 A.D.3d 844, 844-845; People v Danso, 208 A.D.3d 1363, 1364; People v Reeves, 203 A.D.3d 1181).
The defendant's remaining contentions either are without merit or need not be reached in light of our determination.
BRATHWAITE NELSON, J.P., MALTESE, FORD and WARHIT, JJ., concur.