214 A.D.3d 1328
N.Y. App. Div.2023Background
- Defendant Quintin McWilliams pleaded guilty to criminal possession of a weapon in the second degree (Penal Law § 265.03(3)); judgment entered October 9, 2018.
- On appeal he argued the statute is facially unconstitutional under the Second Amendment as interpreted by New York State Rifle & Pistol Assn. v. Bruen (Bruen decided in 2022).
- McWilliams notified the New York Attorney General pursuant to Executive Law § 71 that he was challenging the statute on appeal.
- He did not raise the constitutional challenge or the cruel-and-unusual-punishment claim in the trial court, so the issues were unpreserved.
- The Fourth Department held preservation is required for constitutional attacks on statutes, rejected McWilliams’s futility argument, declined to exercise CPL 470.15(3)(c) discretion, and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Penal Law § 265.03(3) is facially unconstitutional under the Second Amendment post-Bruen | People: challenge is unpreserved and statute remains valid; preservation rule applies to constitutional claims | McWilliams: statute is facially unconstitutional under Bruen and he may raise it on appeal (gave AG notice) | Unpreserved; preservation required; futility argument rejected; court declines interest-of-justice review and affirms conviction |
| Whether the sentence constitutes cruel and unusual punishment | People: sentence lawful | McWilliams: sentence is cruel and unusual | Unpreserved; court declines interest-of-justice review |
Key Cases Cited
- People v. Lee, 58 NY2d 491 (1983) (guilty plea does not forfeit right to challenge constitutionality on appeal)
- New York State Rifle & Pistol Assn., Inc. v. Bruen, 142 S. Ct. 2111 (2022) (Supreme Court decision articulating standard for Second Amendment challenges)
- People v. Iannelli, 69 NY2d 684 (1987) (preservation requirement for constitutional challenges)
- People v. Dozier, 52 NY2d 781 (1980) (preservation doctrine applies to claims of statutory unconstitutionality)
- People v. Thomas, 50 NY2d 467 (1980) (same)
- People v. Patterson, 39 NY2d 288 (1976) (upholding New York firearm regulations against constitutional attack)
- People v. Pena, 28 NY3d 727 (2017) (preservation required for cruel-and-unusual-punishment claims)