Top court rejects claims that Bruen gun license ruling undid some convictions
ALBANY — New York’s top court on Tuesday rejected arguments that a recent U.S. Supreme Court ruling on gun licenses should undo some criminal convictions — doing so on technical, not constitutional, grounds.
The Court of Appeals in September heard arguments from six defendants — including former NBA player Sebastian Telfair — who said their convictions for criminal possession of a weapon should be tossed in light of the Supreme Court’s 2022 “Bruen” decision which struck down New York’s concealed-weapon licensing law.
The defendants argued Bruen essentially nullified the state charge of criminal possession of a weapon.
But that argument didn’t get far with the Court of Appeals.
The court handed down separate decisions in the six cases Tuesday, but in each instance determined it didn’t have to rule on Bruen claims because the defendant didn’t raise it in lower courts and, therefore, legally “preserve” the issue for an appeals court to hear.
“Because defendant Ramon Cabrera’s Second Amendment arguments were not preserved as required by New York law, we do not reach the merits of these constitutional challenges,” Judge Caitlin Halligan wrote in one case, using a phrasing echoed in the other cases.
Prosecutors — including Attorney General Letitia James — had argued the defendants were grasping at straws.
They said the Bruen decision addressed license requirements, not criminal statutes, and that none of the six defendants had even applied for a license, meaning Bruen didn’t apply.
Tuesday’s ruling didn’t mean a complete defeat for Telfair.
The court, in a 7-0 decision, said the former basketball player should get a new trial because a lower court judge erred in allowing prosecutors to introduce evidence about his past behavior.
Telfair, 38, a former New York City high school star, was pulled over by police in Brooklyn in 2017; a search of his vehicle turned up a loaded weapon. He was convicted on the gun charge in 2019 but has been free on appeal.
Earlier this year, he was among a number of players who pleaded guilty to defrauding the NBA’s health care plan.
Sarra Sounds Off, Ep. 21 Massapequa, Miller Place wrestling champs Newsday's Gregg Sarra talks about Massapequa and Miller Place wrestling teams winning state dual meet championships and Jonathan Ruban takes a look at the undefeated Northport girls basketball team.
Sarra Sounds Off, Ep. 21 Massapequa, Miller Place wrestling champs Newsday's Gregg Sarra talks about Massapequa and Miller Place wrestling teams winning state dual meet championships and Jonathan Ruban takes a look at the undefeated Northport girls basketball team.
