The People of the State of New York v. Malachi Williams
Attorneys and Parties
Brief Summary
Criminal law and constitutional law—Second Amendment challenge to New York’s under-21 firearm licensing restriction and large-capacity magazine ban; sentencing surcharges and fees.
Bronx Supreme Court accepted guilty pleas/convictions and imposed concurrent jail terms, leaving the firearms-related indictment intact.
Only the surcharge and fees imposed under indictment No. 76084/23 were vacated; all convictions and custodial sentences were otherwise affirmed.
The court modified in the interest of justice (People v Chirinos), noting the People did not oppose. Defendant had standing to challenge the under-21 licensing restriction but failed to show the indictment was unconstitutional under Bruen; his challenges to Penal Law § 400.00(1)(b) [requires applicants for firearm licenses to be of 'good moral character'] and Penal Law § 265.02(8) [prohibits possession of large-capacity ammunition feeding devices] were unpreserved, and the magazine-capacity claim was also moot because he was not convicted on that count.
Background
Two Bronx County judgments were on appeal. Under indictment No. 76084/23, defendant pled guilty to robbery in the third degree and attempted identity theft in the first degree and received concurrent 364-day jail terms with surcharges and fees. Under indictment No. 71530/23, he was convicted of attempted criminal possession of a weapon in the second degree and sentenced to one year in jail, to run concurrently. On appeal, he raised constitutional challenges under New York State Rifle & Pistol Assn., Inc. v Bruen to New York’s prohibition on firearm licenses for those under 21 and also challenged the 'good moral character' licensing requirement and the large-capacity magazine ban.
Lower Court Decision
The Supreme Court, Bronx County (Newbauer, J.) accepted defendant’s guilty pleas on indictment No. 76084/23 and imposed concurrent 364-day sentences with surcharges and fees. The Supreme Court, Bronx County (Hornstein, J.) adjudicated defendant guilty of attempted criminal possession of a weapon in the second degree on indictment No. 71530/23 and imposed a one-year concurrent sentence. The indictments were not dismissed on constitutional grounds.
Appellate Division Reversal
The Appellate Division held that defendant had standing to challenge New York’s under-21 firearm licensing prohibition even though he never applied for a license, but concluded he failed to establish unconstitutionality under Bruen. It found his challenges to Penal Law § 400.00(1)(b) [requires applicants for firearm licenses to be of 'good moral character'] and Penal Law § 265.02(8) [prohibits possession of large-capacity ammunition feeding devices] unpreserved and declined interest-of-justice review; the magazine-capacity claim was also moot because he was not convicted on that count. Exercising its interest-of-justice powers, the court vacated the surcharge and fees imposed under indictment No. 76084/23 and otherwise affirmed both judgments.
Legal Significance
Clarifies that a defendant may have standing to bring a constitutional challenge to New York’s under-21 firearm licensing restriction without first applying for a license, while reaffirming strict preservation requirements for other licensing and weapons-possession challenges post-Cabrera. Confirms appellate discretion to vacate financial surcharges and fees in the interest of justice.
Standing to challenge the under-21 firearm licensing rule was recognized, but the Bruen-based merits challenge failed; unpreserved and moot claims were rejected, and only the sentencing surcharges and fees were vacated.