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PEOPLE v. HUGHES

No. 184.

22 N.Y.3d 44 (2013)

1 N.E.3d 298

2013 NY Slip Op 7654

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN HUGHES, Appellant.

Court of Appeals of New York.

Decided November 19, 2013.

Attorney(s) appearing for the Case

Michael A. Fiechter , Bellmore, for appellant.

Kathleen M. Rice , District Attorney, Mineola ( Yael V. Levy and Tammy J. Smiley of counsel), for respondent.

Eric T. Schneiderman , Attorney General, New York City ( Nikki Kowalski , Simon Heller , Barbara D. Underwood and Richard Dearing of counsel), for New York State Attorney General, intervenor-respondent.

OPINION OF THE COURT

SMITH, J.

Defendant was convicted of a class C felony and sentenced to 3½ years in prison for possessing a loaded weapon in his home. He does not dispute that his conduct is punishable as a crime, but says that punishing it as a class C felony violates his Second Amendment right to keep and bear arms. We hold that this right has not been violated.

I

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