People v. Davone J.
This text of People v. Davone J. (People v. Davone J.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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People v Davone J.
2026 NY Slip Op 02419
April 22, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, respondent,
v
Davone J. (Anonymous), appellant.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on April 22, 2026
2023-06109, (Ind. No. 75909/22)
Colleen D. Duffy, J.P.
Barry E. Warhit
Lourdes M. Ventura
Lisa S. Ottley, JJ.
Patricia Pazner, New York, NY (Steven C. Kuza of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jean M. Joyce, and Ann Bordley of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered June 23, 2023, adjudicating him a youthful offender, upon his plea of guilty to criminal possession of a firearm, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contentions that his conviction of criminal possession of a firearm is unconstitutional are unpreserved for appellate review, since the defendant failed to raise those constitutional challenges before the Supreme Court (see People v David, 41 NY3d 90, 96; People v Cabrera, 41 NY3d 35, 42), and we decline to reach them in the exercise of our interest of justice jurisdiction.
In light of our determination, the defendant's remaining contention need not be reached.
DUFFY, J.P., WARHIT, VENTURA and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court