| People v Jones |
| 2014 NY Slip Op 08260 [122 AD3d 549] |
| November 25, 2014 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Charles Jones, Appellant. |
Charles Jones, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Patrick J. Hynes of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), renderedMarch 21, 2014, convicting defendant, upon his plea of guilty, of criminal possession ofa weapon in the third degree and aggravated harassment in the second degree, andsentencing him to an aggregate term of 60 days, concurrent with five years' probation,unanimously modified, on the law, to the extent of vacating the aggravated harassmentconviction and dismissing that count of the indictment, and otherwise affirmed.
As the People concede, the aggravated harassment conviction (Penal Law§ 240.30 [1] [a]) must be vacated because the Court of Appeals hasdeclared the statute unconstitutional (see People v Golb, 23 NY3d 455, 467-468 [2014]).
Defendant failed to preserve any of his challenges to his remaining conviction, andwe decline to review them in the interest of justice. Moreover, there is no proof thatdefendant served the Attorney General with the requisite notice of his challenges to theconstitutionality of the statute under which he was convicted (see Executive Law§ 71). As an alternative holding, we reject defendant's claims on the merits.We note that defendant has a prior felony conviction and cannot legitimately claim thathe is entitled to possess a stun gun. Concur—Friedman, J.P., Renwick,Moskowitz, Richter and Manzanet-Daniels, JJ.