People v. Wilson

Summary

The Appellate Division, First Department, modified the judgments convicting Tayquan Wilson of attempted first-degree robbery and attempted second-degree criminal possession of a weapon by vacating the surcharges and fees, and otherwise affirmed. The court rejected or declined to review claims concerning sentencing, suppression of a firearm, youthful offender treatment, and the constitutionality of New York's firearm licensing scheme.

Holdings

1. A valid waiver of the right to appeal foreclosed review of defendant's excessive-sentence claim, suppression claim, and challenge to the discretionary denial of youthful offender treatment.
2. The suppression court properly denied defendant's motion because, under the law in effect when the search occurred, the odor of marijuana and observed marijuana cigarettes authorized the police to search the vehicle and defendant, and the firearm recovered from defendant's waistband was lawfully seized.
3. Defendant's claim that Penal Law § 222.05(3) barred the court from finding probable cause for the pre-enactment search was unpreserved because he did not raise it before the court that decided his suppression motion.
4. Defendant's claim concerning the absence of a Department of Probation presentence interview was unpreserved, and, in any event, a presentence interview is not a legal requirement; the court properly declined to grant youthful offender treatment.
5. Defendant's valid appeal waiver did not foreclose review of his Second Amendment claim, and he had standing to challenge New York's firearm-licensing scheme despite never having applied for a firearm license; nevertheless, he failed to establish that the indictment was unconstitutional under Bruen.
6. Defendant's challenge to Penal Law § 400.00(1)(a) was unpreserved because he did not raise it in his motion to dismiss the indictment; alternatively, the challenge was unavailing.
7. The appellate court exercised its interest-of-justice powers to vacate the surcharges and fees imposed at sentencing.

Questions Presented

1. Whether defendant's appeal waiver foreclosed review of his excessive-sentence, suppression, and youthful-offender-treatment claims.
2. Whether the pre-enactment search of defendant and recovery of the firearm were supported by probable cause under the law in effect at the time of the search.
3. Whether defendant preserved his claim that Penal Law § 222.05(3) precluded a finding that probable cause existed for the pre-enactment search.
4. Whether the court properly denied youthful offender treatment, including whether a presentence interview by the Department of Probation was legally required.
5. Whether defendant had standing to challenge New York's firearm-licensing scheme without having applied for a license.
6. Whether defendant established that the indictment or New York's firearm-licensing restrictions were unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen.
7. Whether the appellate court should vacate the surcharges and fees imposed at sentencing in the interest of justice.

Disposition

other