Summary
This Appellate Division, First Department decision affirms a Bronx County Supreme Court judgment convicting the defendant of criminal possession of a weapon in the fourth degree. The court holds that the defendant validly waived his right to appeal, which forecloses review of his Second Amendment challenge, though it also addresses the claim on the merits and finds he lacks standing because he never applied for a gun license. Additionally, the court rules that his claim of ineffective assistance of counsel cannot be reviewed on direct appeal and must instead be raised via a CPL 440.10 motion.
Topics
Practice areas
Questions Presented
- Whether the defendant's Second Amendment claim is reviewable given his waiver and lack of standing
- Whether the defendant's Second Amendment claim is preserved for appellate review
- Whether the defendant's claim of ineffective assistance of counsel is reviewable on direct appeal
Holdings
- The claim is not reviewable because the defendant validly waived his right to appeal, the claim is unpreserved, and he lacks standing as he did not apply for a gun license.
- The court rejects the Second Amendment claim on the merits.
- The claim is unreviewable on direct appeal and must be raised in a CPL 440.10 motion.
Key quotations
“Defendant validly waived his right to appeal, which forecloses review of his Second Amendment claim.” (at 454-455)
Factual background
Defendant pleaded guilty to criminal possession of a weapon in the fourth degree and was sentenced to three years of probation.
Procedural history
The Supreme Court, Bronx County rendered a judgment on April 28, 2023, convicting the defendant after a guilty plea. The Appellate Division reviewed the judgment, finding the waiver and lack of preservation barred review of the Second Amendment claim and holding the claim unreviewable on direct appeal.