People v. Bounasri

OPINION OF THE COURT

Ellen M. Yacknin, J.

Introduction

On June 20, 2010, defendant, a citizen of Tunisia, was arrested for criminal possession of a weapon in the fourth degree *305under Penal Law § 265.01 (5). Specifically, he was charged under a provision that criminalizes only a non-United States citizen’s possession of a dangerous instrument or weapon. As a noncitizen, defendant maintains that the criminal law under which he is charged discriminates against him in violation of his right to equal protection under the law under the Fourteenth Amendment to the United States Constitution.

Factual…