People v. Robinson

Opinion

People v Robinson

2026 NY Slip Op 04519

July 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

James Robinson, appellant.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on July 22, 2026

2024-05065, (Ind. No. 73611/23)

Mark C. Dillon, J.P.

Linda Christopher

Carl J. Landicino

Phillip Hom, JJ.

Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Amy Appelbaum, and Simcha Engelen of counsel), for respondent.

[*1]

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heidi C. Cesare, J.), rendered May 17, 2024, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a second felony offender was unconstitutional in light of Erlinger v United States (602 US 821), since such a challenge implicates the Supreme Court's compliance with procedures to determine the defendant's predicate felony status, rather than the legality of the sentence itself (see People v Simpson, 244 AD3d 762, 762).

To the extent the defendant contends that New York's predicate felony offender statutes are facially unconstitutional, that contention is not precluded by the appeal waiver (see People v Johnson, ___ NY3d ___, 2025 NY Slip Op 06528; People v Smith, 244 AD3d 1144, 1144). However, that contention is unpreserved for appellate review (see CPL 470.05[2]; People v Hernandez, 43 NY3d 591, 597; People v Smith, 244 AD3d at 1144), and we decline to reach it in the exercise of our interest of justice jurisdiction (see People v Smith, 244 AD3d at 1144).

DILLON, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court