People v. Luis

2025 NY Slip Op 05101

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 24, 2025
• Docket: Ind. No. 72970/21
• Status: Published

Opinion

People v Luis (2025 NY Slip Op 05101)

People v Luis

2025 NY Slip Op 05101

Decided on September 24, 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 September 24, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.

2022-08623
(Ind. No. 72970/21)

[*1]The People of the State of New York, respondent,

v

Eric Luis, appellant.

Patricia Pazner, New York, NY (Robert C. Langdon 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 (Rhonda Z. Tomlinson, J.), rendered September 28, 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, to which he pleaded guilty, is 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) is unpreserved for appellate review, since he failed to raise a constitutional challenge before the Supreme Court (see People v Cabrera, 41 NY3d 35, 42-51; People v Chase, 223 AD3d 913, 913). We decline to exercise our interest of justice jurisdiction to consider his contention (see CPL 470.15[3][c]; People v Guzman, 227 AD3d 1107, 1108; People v Johnson, 225 AD3d 626, 627).

DUFFY, J.P., MILLER, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court