People v. D.H.

Summary

The Appellate Division, First Department, unanimously affirmed defendant D.H.'s judgment of conviction for criminal possession of a firearm and three-year probationary sentence. The court held that defendant's Second Amendment challenges to firearm-licensing requirements were unpreserved and, alternatively, lacked merit under New York State Rifle & Pistol Association, Inc. v. Bruen. The court also held that defendant's ineffective-assistance claim was unreviewable on direct appeal and found no basis to reduce the sentence.

Holdings

1. Defendant's Second Amendment challenges to the requirements that gun-license applicants demonstrate good moral character and have not been convicted of a felony were unpreserved, and the court declined to review them in the interest of justice.
2. Defendant had standing to assert facial challenges to the gun-license requirements notwithstanding that she never applied for a license.
3. Defendant failed to establish that her conviction was unconstitutional under New York State Rifle & Pistol Association, Inc. v. Bruen.
4. Defendant's claim that counsel was ineffective for failing to preserve her Second Amendment claims was unreviewable on direct appeal because it involved matters not reflected in the record; in any event, counsel was not ineffective because the claims had little or no chance of success.
5. There was no basis to reduce defendant's sentence.

Questions Presented

1. Whether defendant's Second Amendment challenges to New York's gun-license requirements were preserved for appellate review or should be reviewed in the interest of justice.
2. Whether defendant had standing to assert facial Second Amendment challenges despite never applying for a gun license.
3. Whether defendant's firearm-possession conviction was unconstitutional under New York State Rifle & Pistol Association, Inc. v. Bruen.
4. Whether counsel was ineffective for failing to preserve defendant's Second Amendment claims.
5. Whether defendant's sentence should be reduced.

Disposition

affirmed