People v Rodriguez
2026 NY Slip Op 01167 [247 AD3d 419]
March 3, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2026
The People of the State of New York, Respondent,
v
Aldo Jorge Rodriguez, Appellant.
March 3, 2026
HEADNOTES
Crimes — Possession of Weapon — Constitutional Challenge to Firearm Licensing Scheme
APPEARANCES OF COUNSEL
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Leanna J. Duncan of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Maria I. Wager of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Albert Lorenzo, J., on motion to dismiss; Alvin Yearwood, J., at plea; Seth Steed, J., at sentencing), rendered August 8, 2024, convicting defendant of criminal possession of a weapon in the fourth degree, and sentencing him to one year of probation, unanimously affirmed.
Even assuming the validity of defendant's waiver of appeal, it would not foreclose from review his Second Amendment claim, and he has standing to raise his facial challenge to the constitutionality of New York's firearm licensing scheme, notwithstanding that he never applied to obtain a firearm license (see People v Johnson, — NY3d —, —, 2025 NY Slip Op 06528, *2 [2025]). However, defendant has failed to establish that the instant indictment is unconstitutional under New York State Rifle & Pistol Assn., Inc. v Bruen (597 US 1 [2022]) (see e.g. Johnson, — NY3d at —, 2025 NY Slip Op 06528, *3; People v Rosavong, 245 AD3d 482, 2026 NY Slip Op 00096 [1st Dept 2026]; People v Balogh, 245 AD3d 572, 2026 NY Slip Op 00456 [1st Dept 2026]). Concur—Webber, J.P., Shulman, Higgitt, Rosado, Hagler, JJ.