Legal Opinion

People v. Handsome

Criminal Court of the City of New York

Decided October 26, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Michael Gerstein, J.

Defendant Rashawn Handsome moves to dismiss a complaint in this court charging him with violating Penal Law § 265.01, criminal possession of a weapon in the fourth degree. The weapon, specifically a loaded .44 caliber Magnum revolver, was allegedly recovered in defendant’s apartment in Brooklyn’s Wyckoff Gardens, a New York City Housing Authority (NYCHA) building complex in Boerum Hill, upon execution of a search warrant. Defendant argues that Penal Law § 265.01 is unconstitutional under the Second Amendment, principally relying on Parker v District of…

2Cases cited27 opinions

  1. United States v. LopezSupreme Court of the United States · 1995
  2. Brandenburg v. OhioSupreme Court of the United States · 1969
  3. United States v. CruikshankSupreme Court of the United States · 1876
  4. Printz v. United StatesSupreme Court of the United States · 1997
  5. Lewis v. United StatesSupreme Court of the United States · 1980

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