People v. Jackson

Summary

The Appellate Division, First Department unanimously affirmed Michael T. Jackson's conviction for criminal possession of a firearm and his sentence of three years' probation. The court held that Jackson's valid waiver of the right to appeal foreclosed his excessive-sentence claim and as-applied constitutional challenges to a probation condition. It declined to review his unpreserved facial challenge to New York's gun-licensing "good moral character" provision in the interest of justice, alternatively finding the claim unavailing, and directed that his ineffective-assistance claim be raised under CPL 440.10 to the extent it depended on matters outside the record.

Holdings

1. A valid waiver of the right to appeal foreclosed review of defendant's excessive-sentence claim; alternatively, the court found no basis to reduce the sentence.
2. The facial constitutional challenge survived defendant's appeal waiver, and defendant had standing to assert it despite never having applied for a gun license; however, the claim was unpreserved and was not reviewed in the interest of justice, and it was alternatively rejected as unavailing.
3. An ineffective-assistance claim based on matters outside the existing record must first be raised in a CPL 440.10 motion; to the extent the record permitted direct review, defendant failed to establish ineffective assistance.
4. Defendant's as-applied constitutional challenges to probation condition 7 were foreclosed by his valid appeal waiver and were also unpreserved; the court declined interest-of-justice review.

Questions Presented

1. Whether defendant's valid waiver of the right to appeal foreclosed his excessive-sentence claim.
2. Whether defendant's facial challenge to New York's good-moral-character gun-licensing provision survived the appeal waiver and could be brought despite his not having applied for a gun license.
3. Whether the facial challenge was preserved and, alternatively, whether it was meritorious.
4. Whether defendant's ineffective-assistance claim was reviewable on direct appeal or had to be raised in a CPL 440.10 motion.
5. Whether defendant's as-applied constitutional challenges to probation condition 7 were foreclosed by the appeal waiver or unpreserved.

Disposition

affirmed