PEOPLE v. DRAKE

Ind. No. 357/18, Appeal No. 1876, Case No. 2019-2563.

2024 NY Slip Op 01522

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARVEY DRAKE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 19, 2024.


Attorney(s) appearing for the Case

Twyla Carter , The Legal Aid Society, New York ( Marquetta Christy of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Emily A. Aldridge of counsel), for respondent.

Before: Singh, J.P., González, Scarpulla, Higgitt, Rosado, JJ.


Judgment, Supreme Court, Bronx County (April A. Newbauer, J., at plea; Steven Hornstein, J., at sentencing), rendered January 17, 2019, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him to five years' probation, unanimously affirmed.

Defendant's Second Amendment challenge is unpreserved, and we decline to consider it in the interest of justice (see People v Cabrera, ___ NY3d ___, ___, 2023 NY Slip Op 05968, *2-7...

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