People v. Padia

Summary

The Appellate Division, Second Department affirmed the defendant's judgment of conviction for criminal possession of a firearm following a guilty plea. The court held that the defendant's facial constitutional challenge under New York State Rifle & Pistol Assn., Inc. v. Bruen was unpreserved and, in any event, without merit because he failed to show that New York's licensing scheme was unconstitutional in every possible application.

Holdings

1. A valid waiver of the right to appeal does not preclude appellate review of a facial constitutional challenge.
2. The defendant's constitutional challenge was unpreserved because he failed to raise it before the Supreme Court.
3. The defendant failed to establish that the firearm-licensing scheme was unconstitutional in every possible application; therefore, his constitutional challenge to the conviction was without merit.

Questions Presented

1. Whether the defendant's valid waiver of the right to appeal barred appellate review of his facial constitutional challenge.
2. Whether the defendant's constitutional challenge was preserved for appellate review.
3. Whether the defendant established that the firearm-licensing scheme was unconstitutional in every possible application.

Disposition

affirmed