Court of Appeals of New York

Defendant's conviction of a class C felony for possessing a loaded weapon in his home, is affirmed, where: 1) defendant was convicted of a prior misdemeanor conviction; and 2) applying the intermediate scrutiny test, elevating a weapon possession charge to a class C felony on the basis of a prior misdemeanor conviction does not impermissibly burden defendant's right to keep and bear arms under the Second Amendment.

Appellate Information

• Decided 11/19/2013
• Published 11/19/2013

Judges

• SMITH

Court

• Court of Appeals of New York

Counsel