People v. Phillips

People v Phillips (2025 NY Slip Op 01237) People v Phillips 2025 NY Slip Op 01237 Decided on March 5, 2025 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on March 5, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. PAUL WOOTEN HELEN VOUTSINAS LOURDES M. VENTURA, JJ. 2022-06845 (Ind. No. 70844/21) [*1]The People of the State of New York, respondent, v Uzziel Phillips, appellant. Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Claudia Daniels-DePeyster, J.), rendered August 11, 2022, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's contention that Penal Law §§ 265.01-b(1), 265.01(1), and 265.03(3) are unconstitutional in light of the decision of the United States Supreme Court in New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1), and that the indictment was thus defective, is unpreserved for appellate review, since he failed to raise a constitutional challenge before the Supreme Court (see People v Cabrera, 41 NY3d 35, 42, 50-51; People v Sirleaf, 231 AD3d 969). In any event, the defendant's contention is without merit. The Bruen decision had no impact on the constitutionality of New York State's criminal possession of a weapon statutes (see People v Wilson, 222 AD3d 1006, 1009; People v Joyce, 219 AD3d 627, 627-628; People v Manners, 217 AD3d 683). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. DILLON, J.P., WOOTEN, VOUTSINAS and VENTURA, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court