225 A.D.3d 548
N.Y. App. Div.2024Background
- Bennett Archibald was convicted in Bronx Supreme Court after pleading guilty to attempted criminal possession of a weapon in the third degree.
- He was sentenced as a second violent felony offender to three years' imprisonment.
- There was an alleged waiver of Archibald's right to appeal, with questions about its validity.
- Archibald challenged New York’s firearm laws on Second Amendment grounds, specifically the ban on firearms by felons and the prohibition on large capacity ammunition feeding devices.
- The case is an appeal from judgment rendered on December 8, 2022.
Issues
| Issue | People's Argument | Archibald's Argument | Held |
|---|---|---|---|
| Validity of waiver of right to appeal | Waiver executed and should be enforced | No proper discussion or acknowledgment of waiver | Waiver invalid—no record that defendant understood rights forfeited or that right is separate |
| Ban on firearm possession by felons (2A) | Moot—defendant guilty of possessing device banned regardless of firearm status | Law violates Second Amendment rights | Challenge moot—device banned regardless of firearm licensure |
| Ban on large capacity ammunition devices (2A) | Challenge unpreserved and not reviewable on appeal | Ban violates Second Amendment rights | Not preserved; decline review. Alternatively, standing exists, but ban not unconstitutional under Bruen |
Key Cases Cited
- People v Callahan, 80 N.Y.2d 273 (N.Y. 1992) (discusses valid waiver of right to appeal requirements)
- People v Lopez, 6 N.Y.3d 248 (N.Y. 2006) (appeal waiver must be separate and distinct from trial rights)
- New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022) (clarifies Second Amendment standards for firearm regulations)
- People v Ruiz, 146 A.D.3d 417 (1st Dep’t 2017) (large capacity device ban applies regardless of licensure)
- People v Guity, 223 A.D.3d 598 (1st Dep’t 2024) (applies Bruen to New York ammunition device ban)