Summary
The Appellate Division, First Department unanimously affirmed Tyee Fisher's judgment of conviction and sentence following his guilty plea to attempted criminal possession of a weapon in the third degree. The court held that Fisher's Second Amendment challenges to New York's revised gun licensing scheme were unpreserved and, alternatively, unavailing.
Court
Appellate Division of the Supreme Court of the State of New York, First Department
Jurisdiction
New York Appellate Division, First Department
Decision date
April 7, 2026
Docket number
Ind. No. 70375/23; Appeal No. 6290; Case No. 2024-04043
Disposition
affirmed
Questions Presented
- Whether defendant preserved his Second Amendment challenges to New York's revised gun licensing scheme by raising the specific vagueness and historical-analogue arguments in his motion to dismiss the indictment.
- Whether the court should review the unpreserved Second Amendment challenges in the interest of justice.
- Whether defendant's Second Amendment challenges were meritorious despite the preservation defect.
Holdings
- The Second Amendment challenges were unpreserved because defendant did not argue in his motion to dismiss the indictment that the good-moral-character provision was vague and discretionary or that New York's lifetime firearms ban lacked a historical analogue.
- The court declined to review defendant's unpreserved Second Amendment challenges in the interest of justice.
- Alternatively, the court found defendant's Second Amendment challenges unavailing.
Court Document
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