People v HernandezPeople v Hernandez
Judgment, Supreme Court, Bronx County (Tara A. Collins, J., at plea; Seth Steed, J., at sentencing), rendered July 16, 2024, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him to a term of three years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the surcharge and fees imposed on him at sentencing, and otherwise affirmed.
Defendant‘s valid appeal waiver does not foreclose from review of his challenge to the constitutionality of New York‘s firearm licensing scheme, and he has standing to raise that claim (see People v Johnson, — NY3d —, —, 2025 NY Slip Op 06528, *2 [2025], cert denied US , 2026 WL 1780086). However, defendant has failed to establish that the instant indictment is unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]) (see People v Robles, 247 AD3d 617, 617-618 [1st Dept 2026]).
Defendant‘s valid appeal waiver, however, forecloses review of his as-applied constitutional challenge to the age restriction in New York‘s gun licensing scheme (see People v Johnson, 2025 NY Slip Op 06528, *2; People v Batista, 248 AD3d 669, 669-670 [1st Dept 2026]). In any event, the claim has no merit (see Batista, 248 AD3d at 670). Defendant‘s challenges to the “good moral character” licensing requirement under
Based on our own interest of justice powers, we vacate the surcharge and fees imposed on defendant at sentencing (see People v Chirinos, 190 AD3d 434 [1st Dept 2021]). We note that the People do not oppose this relief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: August 6, 2026