People v. Abdullah

OPINION OF THE COURT

Dena E. Douglas, J.

Defendant, Albi Abdullah, was arraigned on August 1, 2008 on a charge of criminal possession of a weapon in the fourth *233degree pursuant to Penal Law § 265.01 (1). Defendant moves for dismissal of the charge on the ground that Penal Law § 265.01 is unconstitutional and that such charge constitutes a violation of defendant’s Second Amendment right to keep and bear arms in his home for self protection, pursuant to US Constitution Amendments II and XIV; and pursuant to the holding of the United States Supreme Court in District of Columbia v Heller (554 US —,…