People v. Williams

Summary

The New York Supreme Court, Appellate Division, First Department affirmed a Bronx County judgment convicting Malachi Williams of attempted criminal possession of a weapon in the second degree and modified a New York County judgment by vacating sentencing surcharges and fees. The court held that Williams had standing to challenge New York's firearm-licensing restriction for persons under 21 but rejected his constitutional challenge, finding certain other challenges unpreserved and one moot.

Holdings

1. Defendant had standing to challenge the constitutionality of New York's prohibition on persons under 21 obtaining a firearm license, despite never having applied for a firearm license.
2. Defendant failed to establish that the indictment was unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen.
3. Defendant's challenges to Penal Law § 400.00(1)(b) and Penal Law § 265.02(8) were unpreserved because he failed to raise them in his motion to dismiss the indictment, and the court declined to review them in the interest of justice.
4. The challenge to New York's large-capacity-magazine ban was moot because defendant was not convicted of that count.
5. The court vacated the surcharge and fees imposed at sentencing under indictment No. 76084/23 in the interest of justice and otherwise affirmed the judgment.

Questions Presented

1. Whether defendant had standing to challenge New York's prohibition on persons under 21 obtaining a firearm license even though he had never applied for a license.
2. Whether defendant established that the indictment or relevant firearm restrictions were unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen.
3. Whether defendant's challenges to the good-moral-character licensing provision and the large-capacity-magazine ban were preserved for appellate review.
4. Whether the challenge to the large-capacity-magazine ban was moot because defendant was not convicted of that count.
5. Whether the court should exercise its interest-of-justice authority to vacate the surcharge and fees imposed at sentencing.

Disposition

other