Summary
This Appellate Division, Second Department decision affirms the defendant's guilty plea conviction for criminal possession of a firearm. The court held that the defendant's constitutional challenge to the relevant Penal Law provisions, based on the U.S. Supreme Court's ruling in New York State Rifle & Pistol Assn., Inc. v. Bruen, was unpreserved for appellate review because it was not raised in the trial court. Furthermore, the court found the constitutional argument without merit, noting that Bruen does not impact the constitutionality of New York's criminal possession of a weapon statutes.
Topics
Practice areas
Questions Presented
- Whether the defendant's constitutional challenge to Penal Law §§ 265.01-b(1) and 265.01(1) under Bruen is preserved for appellate review
- Whether the Bruen decision impacts the constitutionality of New York's criminal possession of a weapon statutes
Holdings
- The challenge is unpreserved because the defendant failed to raise the constitutional issue before the trial court, and therefore the appellate court will not consider it.
- The Bruen decision has no impact on the constitutionality of New York State's criminal possession of a weapon statutes.
Key quotations
“The defendant's contention that Penal Law §§ 265.01-b(1) and 265.01(1) are unconstitutional in light of the decision of the United States Supreme Court in New York State Rifle & Pistol Assn., Inc. v Bruen ( 597 US 1 ), and that the indictment was thus defective, is unpreserved for appellate review, since he failed to raise a constitutional challenge before the Supreme Court ( see People v Cabrera , 41 NY3d 35 , 42, 50-51; People v Sirleaf , 231 AD3d 969 ).” (at 1)
“The Bruen decision had no impact on the constitutionality of New York State's criminal possession of a weapon statutes ( see People v Wilson , 222 AD3d 1006 , 1009; People v Joyce , 219 AD3d 627, 627-628 ; People v Manners , 217 AD3d 683 ).” (at 2)
Factual background
Ashantee Lawson pleaded guilty to criminal possession of a firearm in Kings County. He was sentenced pursuant to New York Penal Law §§ 265.01-b(1) and 265.01(1). On appeal, Lawson argued those statutes violated the Second Amendment as interpreted in New York State Rifle & Pistol Assn., Inc. v. Bruen. The appellate court found the constitutional challenge unpreserved and without merit.
Procedural history
The defendant pleaded guilty to criminal possession of a firearm and was sentenced. He appealed, asserting that Penal Law §§ 265.01-b(1) and 265.01(1) were unconstitutional under Bruen, but the challenge was not raised before the trial court.