People v. Alexander

Summary

The Appellate Division, Second Department, affirmed a judgment convicting Nkosi Alexander of criminal possession of a firearm upon his guilty plea. The court held that his constitutional challenge to New York weapons-possession statutes and a New York City administrative provision was unpreserved and, in any event, meritless under New York State Rifle & Pistol Assn., Inc. v. Bruen.

Holdings

1. The defendant's waiver of the right to appeal did not preclude appellate review of his constitutional challenge.
2. The defendant did not lack standing to advance his constitutional challenge.
3. The defendant's constitutional challenge was unpreserved for appellate review.
4. The constitutional challenge was without merit; Bruen did not affect the constitutionality of New York's criminal possession of a weapon statutes.

Questions Presented

1. Whether the defendant's waiver of the right to appeal barred appellate review of his constitutional challenge.
2. Whether the defendant had standing to challenge the constitutionality of the firearm-possession statutes and Administrative Code provision.
3. Whether the constitutional challenge was preserved for appellate review.
4. Whether New York Penal Law §§ 265.03(3) and 265.01-b(1) and New York City Administrative Code § 10-131(i)(3) are unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen, rendering the indictment defective.

Disposition

affirmed