PEOPLE v. RODRIGUEZ (2026)

Judgment, Supreme Court, Bronx County (Albert Lorenzo, J. on motion to dismiss; Alvin Yearwood, J. at plea; Seth Steed, J. at sentencing), rendered August 8, 2024, convicting defendant of criminal possession of a weapon in the fourth degree, and sentencing him to one year of probation, unanimously affirmed.

Even assuming the validity of defendant's waiver of appeal, it would not foreclose from review his Second Amendment claim, and he has standing to raise his facial challenge to the constitutionality of New York's firearm licensing scheme, notwithstanding that he never applied to obtain a firearm license (see People v. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.2d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *2 [2025]). However, defendant has failed to establish that the instant indictment is unconstitutional under New York State Rifle &

Pistol Assn., Inc. v. Bruen (597 U.S. 1, 142 S.Ct. 2111, 213 L.Ed.2d 387 [2022]; see e.g. Johnson, ––– N.Y.3d ––––, ––– N.Y.S.2d ––––, ––– N.E.3d ––––, 2025 N.Y. Slip Op. 06528, *3; People v. Rosavong, 245 A.D.3d 482, 248 N.Y.S.3d 195, 2026 N.Y. Slip Op. 00096 [1st Dept 2026]; People v. Balogh 245 A.D.3d 606, ––– N.Y.S.3d ––––, 2026 N.Y. Slip Op. 00323 [1st Dept 2026]).