Summary
The Appellate Division, First Department, unanimously affirmed the defendant’s conviction for attempted criminal possession of a weapon in the second degree following his guilty plea. The court held that the defendant’s voluntary waiver of his right to appeal precluded review of his Second Amendment challenge under New York State Rifle & Pistol Assn., Inc. v. Bruen. As an alternative holding, the court found the defendant lacked standing to assert the constitutional claim and failed to demonstrate that his conviction violated the Second Amendment.
Topics
Practice areas
Questions Presented
- Whether a voluntary waiver of the right to appeal precludes appellate review of a constitutional claim
- Whether the defendant has standing to assert a Second Amendment claim and whether the conviction is unconstitutional under Bruen
Holdings
- The appellate court held that the defendant's voluntary waiver of his right to appeal bars review of his Second Amendment claim.
- The court held that the defendant lacked standing to assert the Second Amendment claim, and therefore the claim fails on that ground.
Factual background
Defendant Azziwah Niles pleaded guilty to attempted criminal possession of a weapon in the second degree and was sentenced to a 364‑day jail term. He voluntarily waived his right to appeal, but later asserted that his conviction violated the Second Amendment as interpreted in Bruen.
Procedural history
The trial court sentenced Niles to 364 days after a guilty plea. Niles waived his right to appeal and later raised a Second Amendment challenge to his conviction. The Appellate Division considered whether the waiver barred review and whether Niles had standing to assert the claim.