PEOPLE v. ELIGIO (2026)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Daviann ELIGIO, Defendant–Appellant.

Ind. No. 72115 /24

Decided: October 27, 2026

Webber, J.P., Kapnick, Shulman, Pitt–Burke, Hagler, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Laura M. McFeely of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Mary McGarvey–Depuy of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Jeffrey Rosenblueth, J.), rendered August 7, 2025, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him to a jail term of one year, unanimously affirmed.

Defendant's argument that his attorney was ineffective in failing to challenge the constitutionality of the “good moral character” requirement in New York's gun licensing law is unreviewable on direct appeal “because it involves matters not reflected in the record and thus must first be raised in a CPL 440.10 motion” (People v. Jackson, 248 AD3d 710, 710 [1st Dept 2026], lv denied 45 NY3d 1038 [2026] ). To the extent that review is possible on the direct appellate record, defendant fails to demonstrate ineffective assistance of counsel given that his constitutional claim is unavailing (see People v. Robinson, 248 AD3d 591, 592 [1st Dept 2026]; People v. Holman, 248 AD3d 661, 661 [1st Dept 2026], lv denied 45 NY3d 1016 [2026] ).

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